Air Plan Approval; Washington; Revised Public Notice Provisions and Other Miscellaneous Revisions, 10301-10304 [2020-02890]
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Federal Register / Vol. 85, No. 36 / Monday, February 24, 2020 / Rules and Regulations
except ‘‘Failure to demonstrate
compliance through the test may result
in enforcement action.’’; III.d.4.A.
except ‘‘including records of visual
inspections,’’; III.d.4.B. (ii) except ‘‘and
CO’’; III.d.4.B. (iv); and, III.d.5.A. as
redacted to exclude ‘‘in addition to
complying with Condition II(f)’’.
(2) This permit was issued April 20,
2018.
(b) [Reserved]
[FR Doc. 2020–02006 Filed 2–21–20; 8:45 am]
BILLING CODE 6560–50–P
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
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2019–0635, FRL–10005–
18–Region 10]
Air Plan Approval; Washington;
Revised Public Notice Provisions and
Other Miscellaneous Revisions
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving revisions to
the general air quality regulations
submitted by the Washington
Department of Ecology (Ecology). The
four categories of revisions to the State
Implementation Plan (SIP) approved 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: This final rule is effective March
25, 2020.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R10–OAR–2019–0635. 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://
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SUMMARY:
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On December 4, 2019, we proposed to
approve updates to Ecology’s general air
quality regulations, submitted on
November 5, 2019, as they applied to
Ecology’s direct jurisdiction and the
jurisdiction of the Benton Clean Air
Agency (84 FR 66363). We note that not
all the updated general air quality
regulations contained in Chapter 173–
400 Washington Administrative Code
(WAC) were submitted for approval as
part of the November 5, 2019 SIP
revision. 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 as part of this
action. For those subsections, the
versions previously approved by the
EPA remain in the SIP. The comment
period for the proposal ended January 3,
2020, and we received no comments.
II. Final Action
We are approving and incorporating
by reference in the Washington SIP at 40
CFR 52.2470(c) certain revisions to the
following Chapter 173–400 WAC
sections submitted on November 5,
2019:
• WAC 173–400–025, 173–400–030,
173–400–040, 173–400–050, 173–400–
171, and 173–400–740, State effective
September 16, 2018; and
• WAC 173–400–060 and 173–400–
105, State effective November 25, 2018.
This approval is consistent with the
exceptions requested by the State in the
November 5, 2019 submittal as
described in the proposal for this action
and set forth in the amendments to 40
CFR part 52 below. We are also
correcting a typographical error from a
previous approval. In our November 17,
2015 final approval of changes to the
Washington SIP, we approved WAC
173–400–081 (State effective April 1,
2011) to apply in Benton Clean Air
Agency’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
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10301
4—Additional Regulations Approved for
Benton Clean Air Agency (BCAA)
Jurisdiction. We are amending 40 CFR
52.2470 to correct this error.
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 to 40 CFR part 52 set forth
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
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.);
1 62
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• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
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
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.
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 April 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: January 28, 2020.
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.
Subpart WW—Washington
2. Amend § 52.2470(c):
a. In Table 2 by:
i. Revising the entries ‘‘173–400–025’’
and ‘‘173–400–030’’;
■ ii. Adding the entry ‘‘173–400–
030(30) and (36)’’ in numerical order;
■ iii. Revising the entry ‘‘173–400–040’’;
■ iv. Adding the entry ‘‘173–400–
040(2)’’ in numerical order; and
■ v. Revising the entries ‘‘173–400–
050’’, ‘‘173–400–060’’, ‘‘173–400–105’’,
‘‘173–400–171’’, and ‘‘173–400–740’’;
and
■ b. In Table 4 under the heading
‘‘Washington Administrative Code,
Chapter 173–400—General Regulations
for Air Pollution Sources’’ by:
■ i. Revising the entries ‘‘173–400–025’’
and ‘‘173–400–030’’;
■ ii. Adding the entry ‘‘173–400–
030(30) and (36)’’, in numerical order;
■ iii. Revising the entry ‘‘173–400–040’’;
■ iv. Adding the entry ‘‘173–400–
040(2)’’ in numerical order;
■ v. Revising the entries ‘‘173–400–050’’
and ‘‘173–400–060’’;
■ vi. Adding the entry ‘‘173–400–081’’
in numerical order; and
■ vii. Revising the entries ‘‘173–400–
105’’ and ‘‘173–400–171’’.
The revisions and additions read as
follows:
■
■
■
§ 52.2470
*
Identification of plan.
*
*
(c) * * *
*
*
TABLE 2—ADDITIONAL REGULATIONS APPROVED FOR WASHINGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT
JURISDICTION
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[Applicable in Adams, Asotin, Chelan, Columbia, Douglas, Ferry, Franklin, Garfield, Grant, Kittitas, Klickitat, Lincoln, Okanogan, Pend Oreille,
San Juan, Stevens, Walla Walla, and Whitman counties, excluding facilities subject to Energy Facilities Site Evaluation Council (EFSEC) jurisdiction, Indian reservations (excluding non-trust land within the exterior boundaries of the Puyallup Indian Reservation), and any other
area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. These regulations also apply statewide for facilities
subject to the applicability sections of WAC 173–400–700, 173–405–012, 173–410–012, and 173–415–012]
State citation
Title/subject
State
effective
date
EPA approval date
Explanations
Washington Administrative Code, Chapter 173–400—General Regulations for Air Pollution Sources
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TABLE 2—ADDITIONAL REGULATIONS APPROVED FOR WASHINGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT
JURISDICTION—Continued
[Applicable in Adams, Asotin, Chelan, Columbia, Douglas, Ferry, Franklin, Garfield, Grant, Kittitas, Klickitat, Lincoln, Okanogan, Pend Oreille,
San Juan, Stevens, Walla Walla, and Whitman counties, excluding facilities subject to Energy Facilities Site Evaluation Council (EFSEC) jurisdiction, Indian reservations (excluding non-trust land within the exterior boundaries of the Puyallup Indian Reservation), and any other
area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. These regulations also apply statewide for facilities
subject to the applicability sections of WAC 173–400–700, 173–405–012, 173–410–012, and 173–415–012]
Title/subject
*
173–400–025 .................
*
*
Adoption of Federal
Rules.
Definitions .....................
173–400–030 .................
173–400–030 (30) and
(36).
Definitions .....................
*
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 .................
173–400–060 .................
*
173–400–105 .................
*
Records, Monitoring,
and Reporting.
*
173–400–171 .................
*
*
Public Notice and Opportunity for Public
Comment.
*
173–400–740 .................
*
*
PSD Permitting Public
Involvement Requirements.
*
*
lotter on DSKBCFDHB2PROD with RULES
State
effective
date
State citation
*
*
*
VerDate Sep<11>2014
*
9/16/18
9/16/18
12/29/12
EPA approval date
Explanations
*
*
2/24/20, [Insert Federal
Register citation].
2/24/20, [Insert Federal
Register citation].
*
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).
10/3/14, 79 FR 59653.
*
*
2/24/20, [Insert Federal
Register citation].
10/6/16, 81 FR 69385 ...
*
*
Except: 173–400–040(2); 173–400–040(3); 173–
400–040(5).
Except: 173–400–040(2)(c); 173–400–040(2)(d).
9/16/18
2/24/20, [Insert Federal
Register citation].
Except: 173–400–050(2); 173–400–050(4); 173–
400–050(5); 173–400–050(6).
11/25/18
February 24, 2020, [Insert Federal Register
citation].
9/16/18
07/01/16
*
11/25/18
*
*
2/24/20, [Insert Federal
Register citation].
9/16/18
*
*
2/24/20, [Insert Federal
Register citation].
9/16/18
*
*
2/24/20, [Insert Federal
Register citation].
*
*
*
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*
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*
*
*
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).
*
17:27 Feb 21, 2020
*
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*
*
*
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Federal Register / Vol. 85, No. 36 / Monday, February 24, 2020 / Rules and Regulations
TABLE 4—ADDITIONAL REGULATIONS APPROVED FOR THE BENTON CLEAN AIR AGENCY (BCAA) JURISDICTION
[Applicable in Benton County, excluding facilities subject to Energy Facilities Site Evaluation Council (EFSEC) jurisdiction, Indian reservations
and any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction, and facilities subject to the applicability
sections of WAC 173–400–700, 173–405–012, 173–410–012, and 173–415–012]
State/local
citation
State/local
effective
date
Title/subject
*
*
*
EPA approval date
*
Explanations
*
*
*
Washington Department of Ecology Regulations
Washington Administrative Code, Chapter 173–400—General Regulations for Air Pollution Sources
173–400–025 .................
Adoption of Federal
Rules.
Definitions .....................
9/16/18
173–400–030 (30) and
(36).
Definitions .....................
12/29/12
*
173–400–040 .................
*
*
General Standards for
Maximum Emissions.
9/16/18
*
*
2/24/20, [Insert Federal
Register citation].
173–400–040(2) .............
General Standards for
Maximum Emissions.
Emission Standards for
Combustion and Incineration Units.
Emission Standards for
General Process
Units.
07/01/16
10/6/16, 81 FR 69385 ...
*
*
Except: 173–400–040(2); 173–400–040(3); 173–
400–040(4);
173–400–040(5);
173–400–
040(9).
Except: 173–400–040(2)(c); 173–400–040(2)(d).
9/16/18
2/24/20, [Insert Federal
Register citation].
Except: 173–400–050(2); 173–400–050(4); 173–
400–050(5); 173–400–050(6).
11/25/18
2/24/20, [Insert Federal
Register citation].
173–400–030 .................
173–400–050 .................
173–400–060 .................
*
173–400–081 .................
*
*
Startup and Shutdown ..
*
173–400–105 .................
*
*
Records, Monitoring and
Reporting.
*
173–400–171 .................
*
*
Public Notice and Opportunity for Public
Comment.
*
*
*
*
*
*
9/16/18
*
10/3/14, 79 FR 59653.
*
*
*
*
2/24/20, [Insert Federal
Register citation].
*
*
11/25/18
9/16/18
*
*
2/24/20, [Insert Federal
Register citation].
*
ENVIRONMENTAL PROTECTION
AGENCY
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[EPA–R08–OAR–2019–0419; FRL–10004–
97–Region 8]
Approval and Promulgation of
Implementation Plans; Infrastructure
Requirements for the 2015 Ozone
National Ambient Air Quality
Standards; Wyoming
Environmental Protection
Agency (EPA).
AGENCY:
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ACTION:
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Final rule.
The Environmental Protection
Agency (EPA) is acting on multiple
elements of State Implementation Plan
(SIP) revisions from the State of
Wyoming to demonstrate that the State
meets infrastructure requirements of
Clean Air Act (CAA) section 110(a) for
the 2015 ozone National Ambient Air
Quality Standard (NAAQS). Section
110(a) of the CAA requires that each
state submit a SIP for the
implementation, maintenance and
SUMMARY:
40 CFR Part 52
17:27 Feb 21, 2020
*
*
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).
*
BILLING CODE 6560–50–P
VerDate Sep<11>2014
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).
*
*
11/17/15, 80 FR 71695
4/1/11
*
[FR Doc. 2020–02890 Filed 2–21–20; 8:45 am]
2/24/20, [Insert Federal
Register citation].
2/24/20, [Insert Federal
Register citation].
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]]>Agencies
[Federal Register Volume 85, Number 36 (Monday, February 24, 2020)]
[Rules and Regulations]
[Pages 10301-10304]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02890]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2019-0635, FRL-10005-18-Region 10]
Air Plan Approval; Washington; Revised Public Notice Provisions
and Other Miscellaneous Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving
revisions to the general air quality regulations submitted by the
Washington Department of Ecology (Ecology). The four categories of
revisions to the State Implementation Plan (SIP) approved 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: This final rule is effective March 25, 2020.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R10-OAR-2019-0635. 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
On December 4, 2019, we proposed to approve updates to Ecology's
general air quality regulations, submitted on November 5, 2019, as they
applied to Ecology's direct jurisdiction and the jurisdiction of the
Benton Clean Air Agency (84 FR 66363). We note that not all the updated
general air quality regulations contained in Chapter 173-400 Washington
Administrative Code (WAC) were submitted for approval as part of the
November 5, 2019 SIP revision. 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 as part of this action. For those subsections, the
versions previously approved by the EPA remain in the SIP. The comment
period for the proposal ended January 3, 2020, and we received no
comments.
II. Final Action
We are approving and incorporating by reference in the Washington
SIP at 40 CFR 52.2470(c) certain revisions to the following Chapter
173-400 WAC sections submitted on November 5, 2019:
WAC 173-400-025, 173-400-030, 173-400-040, 173-400-050,
173-400-171, and 173-400-740, State effective September 16, 2018; and
WAC 173-400-060 and 173-400-105, State effective November
25, 2018.
This approval is consistent with the exceptions requested by the
State in the November 5, 2019 submittal as described in the proposal
for this action and set forth in the amendments to 40 CFR part 52
below. We are also correcting a typographical error from a previous
approval. In our November 17, 2015 final approval of changes to the
Washington SIP, we approved WAC 173-400-081 (State effective April 1,
2011) to apply in Benton Clean Air Agency'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 amending 40 CFR 52.2470 to
correct this error.
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 to 40 CFR part 52 set forth 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.);
[[Page 10302]]
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 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.
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 April 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: January 28, 2020.
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.
Subpart WW--Washington
0
2. Amend Sec. 52.2470(c):
0
a. In Table 2 by:
0
i. Revising the entries ``173-400-025'' and ``173-400-030'';
0
ii. Adding the entry ``173-400-030(30) and (36)'' in numerical order;
0
iii. Revising the entry ``173-400-040'';
0
iv. Adding the entry ``173-400-040(2)'' in numerical order; and
0
v. Revising the entries ``173-400-050'', ``173-400-060'', ``173-400-
105'', ``173-400-171'', and ``173-400-740''; and
0
b. In Table 4 under the heading ``Washington Administrative Code,
Chapter 173-400--General Regulations for Air Pollution Sources'' by:
0
i. Revising the entries ``173-400-025'' and ``173-400-030'';
0
ii. Adding the entry ``173-400-030(30) and (36)'', in numerical order;
0
iii. Revising the entry ``173-400-040'';
0
iv. Adding the entry ``173-400-040(2)'' in numerical order;
0
v. Revising the entries ``173-400-050'' and ``173-400-060'';
0
vi. Adding the entry ``173-400-081'' in numerical order; and
0
vii. Revising the entries ``173-400-105'' and ``173-400-171''.
The revisions and additions read as follows:
Sec. 52.2470 Identification of plan.
* * * * *
(c) * * *
Table 2--Additional Regulations Approved for Washington Department of Ecology (Ecology) Direct Jurisdiction
[Applicable in Adams, Asotin, Chelan, Columbia, Douglas, Ferry, Franklin, Garfield, Grant, Kittitas, Klickitat,
Lincoln, Okanogan, Pend Oreille, San Juan, Stevens, Walla Walla, and Whitman counties, excluding facilities
subject to Energy Facilities Site Evaluation Council (EFSEC) jurisdiction, Indian reservations (excluding non-
trust land within the exterior boundaries of the Puyallup Indian Reservation), and any other area where the EPA
or an Indian tribe has demonstrated that a tribe has jurisdiction. These regulations also apply statewide for
facilities subject to the applicability sections of WAC 173-400-700, 173-405-012, 173-410-012, and 173-415-012]
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective EPA approval date Explanations
date
----------------------------------------------------------------------------------------------------------------
Washington Administrative Code, Chapter 173-400--General Regulations for Air Pollution Sources
----------------------------------------------------------------------------------------------------------------
[[Page 10303]]
* * * * * * *
173-400-025..................... Adoption of Federal 9/16/18 2/24/20, [Insert
Rules. Federal Register
citation].
173-400-030..................... Definitions........ 9/16/18 2/24/20, [Insert Except: 173-400-030(6);
Federal Register 173-400-030(32); 173-
citation]. 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) and (36)....... Definitions........ 12/29/12 10/3/14, 79 FR
59653.
* * * * * * *
173-400-040..................... General Standards 9/16/18 2/24/20, [Insert Except: 173-400-040(2);
for Maximum Federal Register 173-400-040(3); 173-
Emissions. citation]. 400-040(5).
173-400-040(2).................. General Standards 07/01/16 10/6/16, 81 FR Except: 173-400-
for Maximum 69385. 040(2)(c); 173-400-
Emissions. 040(2)(d).
173-400-050..................... Emission Standards 9/16/18 2/24/20, [Insert Except: 173-400-050(2);
for Combustion and Federal Register 173-400-050(4); 173-
Incineration Units. citation]. 400-050(5); 173-400-
050(6).
173-400-060..................... Emission Standards 11/25/18 February 24, 2020,
for General [Insert Federal
Process Units. Register citation].
* * * * * * *
173-400-105..................... Records, 11/25/18 2/24/20, [Insert
Monitoring, and Federal Register
Reporting. citation].
* * * * * * *
173-400-171..................... Public Notice and 9/16/18 2/24/20, [Insert Except: The part of 173-
Opportunity for Federal Register 400-171(3)(b) that
Public Comment. citation]. 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).
* * * * * * *
173-400-740..................... PSD Permitting 9/16/18 2/24/20, [Insert .......................
Public Involvement Federal Register
Requirements. citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[[Page 10304]]
Table 4--Additional Regulations Approved for the Benton Clean Air Agency (BCAA) Jurisdiction
[Applicable in Benton County, excluding facilities subject to Energy Facilities Site Evaluation Council (EFSEC)
jurisdiction, Indian reservations and any other area where the EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction, and facilities subject to the applicability sections of WAC 173-400-700, 173-405-012,
173-410-012, and 173-415-012]
----------------------------------------------------------------------------------------------------------------
State/local
State/local citation Title/subject effective EPA approval date Explanations
date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Washington Department of Ecology Regulations
----------------------------------------------------------------------------------------------------------------
Washington Administrative Code, Chapter 173-400--General Regulations for Air Pollution Sources
----------------------------------------------------------------------------------------------------------------
173-400-025..................... Adoption of Federal 9/16/18 2/24/20, [Insert .......................
Rules. Federal Register
citation].
173-400-030..................... Definitions........ 9/16/18 2/24/20, [Insert Except: 173-400-030(6);
Federal Register 173-400-030(32); 173-
citation]. 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).
173-400-030 (30) and (36)....... Definitions........ 12/29/12 10/3/14, 79 FR
59653.
* * * * * * *
173-400-040..................... General Standards 9/16/18 2/24/20, [Insert Except: 173-400-040(2);
for Maximum Federal Register 173-400-040(3); 173-
Emissions. citation]. 400-040(4); 173-400-
040(5); 173-400-
040(9).
173-400-040(2).................. General Standards 07/01/16 10/6/16, 81 FR Except: 173-400-
for Maximum 69385. 040(2)(c); 173-400-
Emissions. 040(2)(d).
173-400-050..................... Emission Standards 9/16/18 2/24/20, [Insert Except: 173-400-050(2);
for Combustion and Federal Register 173-400-050(4); 173-
Incineration Units. citation]. 400-050(5); 173-400-
050(6).
173-400-060..................... Emission Standards 11/25/18 2/24/20, [Insert .......................
for General Federal Register
Process Units. citation].
* * * * * * *
173-400-081..................... Startup and 4/1/11 11/17/15, 80 FR .......................
Shutdown. 71695.
* * * * * * *
173-400-105..................... Records, Monitoring 11/25/18 2/24/20, [Insert .......................
and Reporting. Federal Register
citation].
* * * * * * *
173-400-171..................... Public Notice and 9/16/18 2/24/20, [Insert Except: The part of 173-
Opportunity for Federal Register 400-171(3)(b) that
Public Comment. citation]. 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).
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2020-02890 Filed 2-21-20; 8:45 am]
BILLING CODE 6560-50-P
