Air Plan Approval; Washington; Northwest Clean Air Agency, 16599-16604 [2020-05911]
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In addition, the SIP is not approved
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or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
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substantial direct costs on tribal
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List of Subjects in 40 CFR Part 52
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Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen oxides, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: March 10, 2020.
Cheryl Newton,
Deputy Regional Administrator, Region 5.
[FR Doc. 2020–05960 Filed 3–23–20; 8:45 am]
BILLING CODE 6560–50–P
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16599
ENVIRONMENTAL PROTECTION
AGENCY
supplementary information section is
arranged as follows:
40 CFR Part 52
Table of Contents
[EPA–R10–OAR–2020–0108: FRL–10006–
82–Region 10]
Air Plan Approval; Washington;
Northwest Clean Air Agency
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 Washington
Department of Ecology (Ecology) in
coordination with the Northwest Clean
Air Agency (NWCAA). This proposed
revision would update certain NWCAA
regulations currently in the SIP, remove
obsolete regulations, and approve a
subset of updated Ecology regulations to
apply in NWCAA’s jurisdiction.
DATES: Written comments must be
received on or before April 23, 2020.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R10–
OAR–2020–0108 at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
The EPA may publish any comment
received to its public docket. Do not
submit electronically any information
you consider to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Jeff
Hunt, EPA Region 10, 1200 Sixth
Avenue—Suite 155, Seattle, WA 98101,
at (206) 553–0256, or hunt.jeff@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it is
intended to refer to the EPA. This
SUMMARY:
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I. Background for Proposed Action
II. Changes to the NWCAA Regulations
A. General Provisions
B. Definitions
C. Control Procedures
D. Standards
III. Application of WAC 173–400–020
IV. The EPA’s Proposed Action
A. Regulations To Approve and
Incorporate by Reference Into the SIP
B. Approved but Not Incorporated by
Reference Regulations
C. Regulations To Remove From the SIP
D. Scope of Proposed Action
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. Background for Proposed Action
On January 27, 2014, Ecology
submitted revisions to update the
general air quality regulations contained
in Chapter 173–400 Washington
Administrative Code (WAC), which the
EPA approved in three phases on
October 3, 2014 (79 FR 59653),
November 7, 2014 (79 FR 66291), and
April 29, 2015 (80 FR 23721).1 Under
the revised applicability provisions of
WAC 173–400–020 approved into the
SIP on October 3, 2014, the regulations
contained in Chapter 173–400 WAC
apply statewide, ‘‘. . . except for
specific subsections where a local
authority has adopted and implemented
corresponding local rules that apply
only to sources subject to local
jurisdiction as provided under Revised
Code of Washington (RCW) 70.94.141
and 70.94.331.’’ 2 Therefore, the EPA’s
approval of Ecology’s January 2014
submittal applied only to geographic
areas and source categories under
Ecology’s direct jurisdiction. We stated
that we would address the revised
Chapter 173–400 WAC regulations as
they apply to local clean air agency
jurisdictions on a case-by-case basis in
separate, future actions.
On February 6, 2020, the Director of
Ecology, as the Governor’s designee for
SIP revisions, submitted a request to
update the air quality regulations in the
SIP as they apply to NWCAA’s
jurisdiction in 40 CFR part 52.2470(c),
1 In subsequent actions on September 29, 2016
(81 FR 66823) and October 6, 2016 (81 FR 69385)
we made minor corrections to our previous
approval of Chapter 173–400 WAC and approved
revised WAC provisions that incorporated by
reference the most recent changes to the Federal
regulations. Additionally, on December 4, 2019 (84
FR 66363) we proposed to approve additional
changes to Chapter 173–400 WAC state effective
September 16, 2018 and November 25, 2018, which
we are in the processes of finalizing.
2 For a more detailed discussion see page 39352
of the EPA’s proposed approval of WAC 173–400–
020 (79 FR 39351, July 10, 2014).
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Table 5—Additional Regulations
Approved for the Northwest Clean Air
Agency (NWCAA) Jurisdiction.
NWCAA’s jurisdiction consists of
Island, Skagit and Whatcom counties,
excluding certain facilities discussed in
section IV.D. Scope of Proposed Action.
NWCAA’s jurisdiction also excludes
Indian reservation land or any other
area where the EPA or an Indian tribe
has demonstrated that a tribe has
jurisdiction.
Appendices A and A.1 of the
February 6, 2020, SIP revision show
how the submitted regulatory updates
would apply to NWCAA’s jurisdiction.
These revisions can be summarized in
two categories. The first category
consists of updates to the NWCAA
regulations currently in the SIP or
adopted since the last SIP approval.
These updated provisions can apply in
lieu of, or serve as a supplement to, the
statewide Chapter 173–400 WAC
provisions, as shown in Table 1. The
second category consists of Chapter
173–400 WAC provisions or subsections
that do not have direct corollaries under
the NWCAA regulations. In these cases,
Ecology and NWCAA requested that the
EPA revise the SIP to include the most
recently approved updates to Chapter
173–400 WAC to apply in NWCAA’s
jurisdiction, as shown in Table 2. The
EPA’s proposed approval of the Chapter
173–400 WAC provisions for NWCAA’s
jurisdiction would be subject to the
same exceptions that apply to Ecology’s
direct jurisdiction. For example, as part
of the January 2014 submittal of Chapter
173–400 WAC, Ecology did not submit
for approval those provisions related to
the regulation of toxic air pollutants or
odor because such provisions are
outside the scope of SIPs under Clean
Air Act (CAA) section 110.
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II. Changes to the NWCAA Regulations
The EPA last approved updates to the
NWCAA regulations on February 22,
1995 (60 FR 9778) and October 24, 1995
(60 FR 54439). In this proposed action,
NWCAA and Ecology requested
updating parts of the SIP with the
revised NWCAA regulations described
below.
A. General Provisions
The NWCAA general provisions
approved into the SIP are contained in
sections 100 through 180. Many of the
changes to the NWCAA general
provisions since the EPA’s last approval
are minor in nature, including
incorporating the name change from the
‘‘Northwest Air Pollution Authority’’ to
the ‘‘Northwest Clean Air Agency.’’
Other changes include removing
outdated provisions, consolidating
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sections, or revisions to more closely
mirror the WAC. A full redline/strikeout
comparison of the 1995-approved
NWCAA general provisions to the most
recent set of revisions submitted for
approval is included in the docket for
this action and will not be described in
detail here. We note that NWCAA did
not submit all sections of the general
provisions. For example, NWCAA did
not submit replacements for sections
121 Orders, 150 Pollutant Disclosure—
Reporting by Air Contaminant Sources,
and 180 Sampling and Analytical
Methods/References (replaced by
section 367, not submitted as part of this
SIP revision). NWCAA also did not
submit section 155 State Environmental
Policy Act because it is outside the
scope of SIPs under CAA section 110.
The most significant change with
respect to the NWCAA general
provisions is consistent with several
recent approvals regarding the
‘‘Regulations Approved but Not
Incorporated by Reference’’ portion of
the SIP.3 The EPA reviews and approves
state and local clean air agency
submissions to ensure they provide
adequate enforcement authority and
other general authority to implement
and enforce the SIP. However,
regulations describing such agency
enforcement and other general authority
are generally not incorporated by
reference to avoid potential conflict
with the EPA’s independent authorities.
In our previous 1995 approvals, we
included many of NWCAA’s
enforcement and other general authority
provisions in 40 CFR 52.2470(c), the
regulations incorporated by reference.
We are proposing to revise the SIP and
approve the most recent updates to
these sections for inclusion in 40 CFR
52.2470(e), Table 1—Approved but Not
Incorporated by Reference Regulations.
The NWCAA general provisions
proposed for approval, but not
incorporation by reference are listed
below in section IV.B Approved but Not
Incorporated by Reference Regulations.
We note that sections 100 Name of
Agency, 101 Short Title, and 102 Policy,
remain in 40 CFR 52.2470(c), the
regulations incorporated by reference,
and we propose to approve the most
recent updates to these sections, as
shown in Table 1.
B. Definitions
Since the EPA’s last approval in 1995,
NWCAA revised section 200 Definitions
to more closely align with the WAC. For
3 See Benton Clean Air Agency (80 FR 71695,
November 17, 2015), Energy Facility Site Evaluation
Council (82 FR 24533, May 30, 2017), and
Southwest Clean Air Agency (82 FR 17139, April
10, 2017).
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example, definitions related to outdoor
burning were moved to the standalone
outdoor burning regulations in section
502 similar to the structure of WAC
173–425–030. Other NWCAA
definitions were revised to more closely
parallel WAC 173–400–030, the
definition section for the state general
air quality regulations (79 FR 59653,
October 3, 2014). Other definitions,
previously approved into the SIP under
section 580 Volatile Organic Compound
Control, were consolidated into the
general definition section with minor
wording revisions. A redline/strikeout
comparison of the NWCAA definitions
to the SIP-approved WAC definitions, or
the prior 1995 SIP-approved NWCAA
definition if there is not a WAC
definition, is included in the docket for
this action and will not be described in
detail here. We note that consistent with
our approval of Chapter 173–400 WAC,
NWCAA did not submit definitions
related to toxic air pollutants or odors,
because they are outside the scope of
SIPs under CAA section 110. We also
note that NWCAA and Ecology
requested that section 200 generally
replace WAC 173–400–030 for sources
subject to NWCAA’s jurisdiction.
However, if a definition does not appear
in section 200 the WAC 173–400–030
definition shall apply. This applies
mainly to definitions related to
nonattainment new source review,
visibility permitting, and the Prevention
of Significant Deterioration Program
described in the next section, because
NWCAA relies primarily on the WAC
for those provisions.
C. Control Procedures
NWCAA and Ecology submitted
sections 300 New Source Review, 305
Public Involvement, 320 Registration
Program, and 321 Exemptions from
Registration for approval into the SIP,
with certain exceptions described
below. These sections consolidate and
replace the 1995 SIP-approved sections
300, 301 (consolidated into 300), 302
(consolidated into 300), 303, 310
(replaced by 320), 320, 321 (replaced by
320), 322 (renumbered to 321), and 323
(replaced by 320). The revised versions
more closely align the NWCAA new
source review program and registration
program with the WAC. A crosswalk
comparing NWCAA sections to the SIPapproved WAC corollaries is included
in the docket for this action.
Generally, the NWCAA new source
review program in section 300 replaces
the following WAC provisions: 173–
400–036 Relocation of Portable Sources,
173–400–110 New Source Review (NSR)
for Sources and Portable Sources, 173–
400–111 Processing Notice of
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Construction Applications for Sources,
Stationary Sources and Portable
Sources, 173–400–113 New Sources in
Attainment or Unclassifiable Areas—
Review for Compliance with
Regulations, and 173–400–560 General
Order of Approval for facilities subject
to NWCAA’s permitting jurisdiction. As
discussed in more detail in section IV.D
Scope of Proposed Action, Ecology and
the Energy Facility Site Evaluation
Council (EFSEC) have direct permitting
authority for certain source categories,
including the Prevention of Significant
Deterioration (PSD) new source review
permitting program for major stationary
sources in attainment and unclassifiable
areas. In these cases, the WAC would
continue to apply to permits issued
under Ecology or EFSEC’s direct
authority. NWCAA retains citations to
the PSD program, implemented under
WAC 173–400–700 through 173–400–
750, for purposes such as working on
permit coordination with Ecology,
enforcing existing PSD permit
conditions not yet incorporated into
Title V permits, and determining
violations for inspected facilities that
failed to obtain the necessary PSD
permits. However, NWCAA is not
requesting, and the EPA is not
proposing to approve, the authority to
issue PSD permits under WAC 173–
400–700 through 173–400–750 for
NWCAA’s direct permitting jurisdiction.
With respect to stationary sources in
nonattainment areas, NWCAA does not
currently have, and has never had, a
designated nonattainment area. For this
reason, NWCAA has not developed
independent local agency
nonattainment new source review
(NNSR) rules. In the event that a
nonattainment area is designated in the
future, NWCAA retains the following
WAC provisions for implementation of
NNSR, and the accompanying visibility
permitting requirements for major
stationary sources: WAC 173–400–112
Requirements for New Sources in
Nonattainment Areas—Review for
Compliance with Regulations, WAC
173–400–117 Special Protection
Requirements for Federal Class I Areas,
173–400–131 Issuance of Emission
Reduction Credits, 173–400–136 Use of
Emission Reduction Credits (ERC), as
well as the major stationary source
NNSR provisions contained in WAC
173–400–800 through 173–400–860.4
4 The EPA approved WAC 173–400–800 through
173–400–860 for Ecology’s direct permitting
jurisdiction on November 7, 2014 (79 FR 59653),
with minor revisions to reflect updated Federal
citations on October 6, 2016 (81 FR 69385). In
connection with our November 7, 2014 approval,
we reviewed WAC 173–400–800 through 173–400–
860 pursuant to the Federal regulatory requirements
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Although most of the NNSR
requirements are self-contained in WAC
provisions cited above, certain
subsections of WAC 173–400–111 and
173–400–113, noted in Table 2, relate to
nonattainment areas and are also
retained to apply to NWCAA’s
permitting jurisdiction, but only for
purposes of implementing NNSR, as
needed.
The crosswalk included in the docket
also contains a comparison of section
305 Public Involvement to the WAC
provisions it replaces for actions taken
by NWCAA: WAC 173–400–171 Public
Notice and Opportunity for Public
Comment and WAC 173–400–175
Public Information. Although organized
differently, the requirements of section
305 are substantively the same as the
SIP-approved WAC provisions. This
includes NWCAA’s incorporation of the
e-notice and e-access provisions
promulgated by the EPA on October 18,
2016 (81 FR 71613).
The docket also contains a review of
NWCAA’s revised registration program.
Since the last SIP approval, NWCAA
changed the registration program from
an exemption-based approach to a
source category approach similar to
WAC 173–400–100. We note that
Ecology chose to remove WAC 173–
400–100 from the SIP, because it did not
impose air pollution control
requirements on sources or implement
or enforce Federal standards. See the
discussion in our proposal, 79 FR
39351, at page 39354 (July 10, 2014).
However, NWCAA is retaining the
registration program in the SIP because
it implements certain requirements such
as emissions reporting.
Section 303 Work Done Without an
Approval replaces the section 303
Notice of Completion—Notice of
Violation previously approved into the
SIP. This provision is an enforcement
in existence at that time, and discussed the fact that
the EPA’s 2008 PM2.5 New Source Review Rule (73
FR 28321, May 16, 2008), had been remanded to the
EPA by the U.S. Court of Appeals for the District
of Columbia Circuit. See 79 FR 43345, 43347 (July
25, 2014) (proposed action); 79 FR 59653 (final
action). EPA’s 2008 PM2.5 New Source Review Rule
has since been replaced by a revised
implementation rule published August 24, 2016,
which imposed additional NNSR requirements for
PM2.5 nonattainment areas (81 FR 58010). Because
there are currently no nonattainment areas within
NWCAA’s jurisdiction or Washington State for any
criteria pollutant, including PM2.5, the EPA did not
review WAC 173–400–800 through 173–400–860
for consistency with the newly revised PM2.5
implementation rule; nor does Ecology or NWCAA
have an obligation to submit rule revisions to
address the 2016 PM2.5 implementation rule at this
time. However, we note that the Federal major
stationary source NNSR requirements remain
unchanged for all other criteria pollutants since our
review and approval of WAC 173–400–800 through
173–400–860.
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16601
mechanism to address facilities that
construct a new source or modify an
existing source without a final order of
approval from NWCAA. Because section
303 is an enforcement authority,
NWCAA and Ecology requested that this
provision be moved to the approved, but
not incorporated by reference section of
the SIP. The EPA is proposing to
approve this request.
The EPA is also proposing to approve
and incorporate by reference sections
300, 305, 320, and 321, with certain
exceptions. As described in the
supporting documents for this proposed
action, NWCAA and Ecology did not
submit subsections 300.8(C), 300.25,
320.3, and 321.3 because they are either
not required SIP elements or not
appropriate for SIP approval. We also
note, NWCAA and Ecology did not
submit, and the EPA is not proposing to
approve, any provisions related to the
regulation of Toxic Air Pollutants
consistent with our action on Chapter
173–400 WAC. See the discussion in
our proposed approval, 79 FR 39351,
39356 (July 10, 2014).
D. Standards
Sections 400 through 424 of the
current NWCAA SIP are outdated
ambient air quality standards, adopted
in 1993. NWCAA and Ecology requested
removal of these outdated standards to
rely on the statewide Chapter 173–476
WAC Ambient Air Quality Standards
already applicable in NWCAA’s
jurisdiction. We most recently updated
Chapter 173–476 WAC in the SIP on
October 6, 2016 (81 FR 69386). A review
of the outdated and subsequently
repealed NWCAA standards, the
changes to the Federal standards, and
the incorporation of all current Federal
standards into Chapter 173–476 WAC is
included in the docket for this action.
The EPA is proposing to approve
NWCAA and Ecology’s request to
remove the outdated NWCAA standards
contained in sections 400 through 424.
III. Application of WAC 173–400–020
As previously discussed, a local clean
air agency generally has the authority
under WAC 173–400–020 to establish
local regulations to supplement, or act
in lieu of, the statewide Chapter 173–
400 WAC provisions for sources within
its jurisdiction. This approach is
consistent with our previous SIP actions
for Benton Clean Air Agency (80 FR
71695, November 17, 2015) and
Southwest Clean Air Agency (82 FR
17136, April 10, 2017). As discussed
above and in the supporting documents
for this action, NWCAA and Ecology
requested that the EPA approve and
incorporate by reference: section 102
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Policy to replace WAC 173–400–010;
section 200 Definitions to replace WAC
173–400–030 (except for terms not
defined in section 200); section 300
New Source Review to replace WAC
173–400–036, 173–400–110, 173–400–
111, 173–400–113, and 173–400–560
(except certain subsections described
above related to nonattainment areas or
the associated visibility permitting for
facilities subject to major stationary
source NNSR); and section 305 Public
Involvement to replace WAC 173–400–
171 and WAC 173–400–175 for actions
under NWCAA’s jurisdiction.
As part of the February 6, 2020,
submittal, NWCAA and Ecology also
identified Chapter 173–400 WAC
provisions that do not have a direct
corollary in the NWCAA regulations.
For these provisions NWCAA and
Ecology requested that the EPA update
these Chapter 173–400 WAC citations to
the most recently EPA-approved version
of those sections. The EPA is proposing
to approve this request.
IV. The EPA’s Proposed Action
A. Regulations To Approve and
Incorporate by Reference Into the SIP
The EPA is proposing to approve and
incorporate by reference into the
Washington SIP at 40 CFR 52.2470(c),
Table 5—Additional Regulations
Approved for the Northwest Clean Air
Agency (NWCAA) Jurisdiction, the
NWCAA and Ecology regulations listed
in Tables 1 and 2 for sources under
NWCAA’s jurisdiction.
TABLE 1—NORTHWEST CLEAN AIR AGENCY (NWCAA) REGULATIONS FOR PROPOSED APPROVAL AND INCORPORATION BY
REFERENCE
State/local
citation
Title/subject
100 ....................
101 ....................
102 ....................
Name of Agency .........................................................
Short Title ...................................................................
Policy ..........................................................................
08/21/05
08/21/05
08/21/05
200 ....................
Definitions ...................................................................
05/12/19
300 ....................
New Source Review ...................................................
05/12/19
305 ....................
Public Involvement ......................................................
05/12/19
320 ....................
Registration Program ..................................................
5/12/19
321 ....................
Exemptions from Registration ....................................
5/12/19
Table 2 shows the updated Chapter
173–400 WAC provisions, or
subsections, that NWCAA and Ecology
requested apply to the SIP for NWCAA’s
jurisdiction. We note that many of the
State/local
effective date
Explanation
Except provisions outside the scope of CAA section
110. Replaces WAC 173–400–010.
Except the definitions Toxic Air Pollutant, Odor, and
Odor Source. Generally replaces WAC 173–400–
030. However, for definitions not included in section 200, the WAC 173–400–030 definitions in the
table below shall apply.
Except subsections 300.8(C), 300.25, or any provisions related to the regulation of Toxic Air Pollutants. Replaces WAC 173–400–036, 173–400–110,
173–400–111, 173–400–113, and 173–400–560,
except certain subsections of WAC 173–400–111
and 173–400–113 listed in the table below.
Except provisions related to the regulation of Toxic
Air Pollutants. Replaces WAC 173–400–171 and
WAC 173–400–175, except subsection 173–400–
171(6)(b).
Except subsection 320.3 and provisions related to
the regulation of Toxic Air Pollutants or odor.
Except subsection 321.3.
exclusions listed below are identical to
the exclusions for Ecology’s direct
jurisdiction. We also note that NWCAA
and Ecology did not submit updates to
all the Chapter 173–400 WAC
provisions. For these remaining
provisions we will retain our prior
approval of the WAC (60 FR 28726, June
2, 1995).
TABLE 2—WASHINGTON DEPARTMENT OF ECOLOGY REGULATIONS FOR PROPOSED APPROVAL AND INCORPORATION BY
REFERENCE
State/local
citation
State/local
effective date
Title/subject
Explanation
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Chapter 173–400 WAC, General Regulations for Air Pollution Sources
173–400–020 ....
173–400–025 ....
173–400–030 ....
Applicability .................................................................
Adoption of Federal Rules ..........................................
Definitions ...................................................................
12/29/12
9/16/18
9/16/18
173–400–050 ....
Emission Standards for Combustion and Incineration
Units.
Emission Standards for General Process Units .........
Voluntary Limits on Emissions ...................................
9/16/18
173–400–060 ....
173–400–091 ....
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Only as it applies to cross references in the WAC.
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); or any definition included in NWCAA section 200.
Except: 173–400–050(2); 173–400–050(4); 173–
400–050(5); 173–400–050(6).
9/20/93 version continues to be approved under the
authority of CAA Section 112(l) with respect to
Section 112 hazardous air pollutants. See 60 FR
28726 (June 2, 1995).
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16603
TABLE 2—WASHINGTON DEPARTMENT OF ECOLOGY REGULATIONS FOR PROPOSED APPROVAL AND INCORPORATION BY
REFERENCE—Continued
State/local
citation
Title/subject
173–400–111 ....
Processing Notice of Construction Applications for
Sources, Stationary Sources and Portable
Sources.
Requirements for New Sources in Nonattainment
Areas—Review for Compliance with Regulations.
New Sources in Attainment or Unclassifiable
Areas—Review for Compliance with Regulations.
Special Protection Requirements for Federal Class I
Areas.
Designation of Class I, II, and III Areas .....................
Issuance of Emission Reduction Credits ....................
Use of Emission Reduction Credits (ERC) ................
Retrofit Requirements for Visibility Protection ............
Public Notice and Opportunity for Public Comment ...
173–400–112 ....
173–400–113 ....
173–400–117 ....
173–400–118
173–400–131
173–400–136
173–400–151
173–400–171
....
....
....
....
....
Only subsections (1)(c), (1)(d), (5)(b), and (7)(b),
otherwise NWCAA section 300 applies.
12/29/12
The cross reference to WAC 173–400–113(3) is interpreted to be NWCAA section 300.9(B)(3).
Only subsection (4), otherwise NWCAA section 300
applies.
12/29/12
12/29/12
12/29/12
4/1/11
4/1/11
2/10/05
9/16/18
Creditable Stack Height and Dispersion Techniques
Major Stationary Source and Major Modification in a
Nonattainment Area.
2/10/05
4/1/11
173–400–810 ....
Major Stationary Source and Major Modification Definitions.
Determining if a New Stationary Source or Modification to a Stationary Source is Subject to these Requirements.
Permitting Requirements ............................................
Emission Offset Requirements ...................................
Actual Emissions Plantwide Applicability Limitation
(PAL).
Public Involvement Procedures ..................................
7/1/16
173–400–830 ....
173–400–840 ....
173–400–850 ....
173–400–860 ....
B. Approved But Not Incorporated by
Reference Regulations
As discussed above, we are proposing
to approve the following updates to
NWCAA’s general provisions for
inclusion in 40 CFR 52.2470(e), Table
1—Approved but Not Incorporated by
Reference Regulations: 103 Duties and
Powers, 105 Separability, 110
Investigation and Studies, 111
Interference or Obstruction, 112 False
and Misleading Oral Statement:
Unlawful Reproduction or Alteration of
Documents, 113 Service of Notice, 114
Confidential Information, 120 Hearings,
123 Appeal of Orders, 124 Display of
Orders, Certificates and Other Notices:
Removal or Mutilation Prohibited, 131
Notice to Violators, 132 Criminal
Penalty, 133 Civil Penalty, 134
Restraining Orders—Injunction, 135
Assurance of Discontinuance, and 303
Work Done Without an Approval.
C. Regulations To Remove From the SIP
NWCAA and Ecology’s February 6,
2020, submittal included a request to
remove several obsolete provisions from
the SIP and to remove other provisions
that are not required SIP elements under
CAA section 110. As discussed in the
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17:01 Mar 23, 2020
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Explanation
7/1/16
173–400–200 ....
173–400–800 ....
173–400–820 ....
lotter on DSKBCFDHB2PROD with PROPOSALS
State/local
effective date
Only subsection (6)(b), otherwise NWCAA section
305 applies.
EPA did not review WAC 173–400–800 through 860
for consistency with the August 24, 2016 PM2.5
implementation rule (81 FR 58010); nor does
NWCAA have an obligation to submit rule revisions to address the 2016 PM2.5 implementation
rule at this time.
12/29/12
7/1/16
7/1/16
7/1/16
4/1/11
supporting analysis included in the
docket for this action, NWCAA and
Ecology requested removal of the
following general provision sections
previously approved into the SIP in
1995: 104 Adoption of State and Federal
Laws and Rules (not a required SIP
element), 106 Public Records (replaced
by section 305.7), 122 Appeals from
Orders or Violations (consolidated into
section 123), 130 Citations—Notices
(consolidated into section 131), 140
Reporting by Government Agencies
(subsumed by the new source review
requirements), and 145 Motor Vehicle
Owner Responsibility (not a required
SIP element). As noted in the control
procedures discussion, the former SIPapproved sections 301 and 302 were
consolidated into Section 300 New
Source Review and former sections 310,
322, and 323 were consolidated into the
registration program in sections 320 and
321. We are proposing to approve
NWCAA and Ecology’s request to
remove these outdated provisions from
the SIP and to remove the outdated
ambient air quality standards in sections
400 through 424, in order to rely on the
current, statewide standards in Chapter
173–476 WAC. Lastly, we are proposing
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Frm 00032
Fmt 4702
Sfmt 4702
to remove from the SIP any formerly
approved WAC provisions which are
replaced by local agency corollaries
discussed above for facilities or actions
subject to NWCAA’s jurisdiction.
D. Scope of Proposed Action
This proposed revision to the SIP
applies specifically to the NWCAA
jurisdiction incorporated into the SIP at
40 CFR 52.2470(c)—Table 5. As
discussed in our October 3, 2014 action,
local air agency jurisdiction in
Washington is generally defined on a
geographic basis; however, there are
exceptions (79 FR 59653, at page
59654). By statute, NWCAA does not
have authority for sources under the
jurisdiction of EFSEC. See Revised Code
of Washington Chapter 80.50. Under the
applicability provisions of WAC 173–
405–012, 173–410–012, and 173–415–
012, NWCAA also does not have
jurisdiction for kraft pulp mills, sulfite
pulping mills, and primary aluminum
plants. For these sources, Ecology
retains statewide, direct jurisdiction.
Ecology and EFSEC also retain
statewide, direct jurisdiction for issuing
PSD permits. Therefore, the EPA is not
approving into 40 CFR 52.2470(c)—
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Federal Register / Vol. 85, No. 57 / Tuesday, March 24, 2020 / Proposed Rules
Table 5 those provisions of Chapter
173–400 WAC related to the PSD
program. Specifically, these provisions
are WAC 173–400–116 and WAC 173–
400–700 through 173–400–750, which
the EPA has already approved as
applying state-wide under 40 CFR
52.2470(c)—Tables 2 and 3.
As described in our April 29, 2015
action, jurisdiction to implement the
visibility permitting program contained
in WAC 173–400–117 varies depending
on the situation. Ecology retains
authority to implement WAC 173–400–
117 as it relates to PSD permits. See 80
FR 23721. However, for facilities that
may someday be subject to major NNSR
under the applicability provisions of
WAC 173–400–800, we are proposing
that NWCAA would be responsible for
implementing those parts of WAC 173–
400–117 as they relate to major NNSR
permits. See 80 FR 23726. If finalized,
the EPA is also proposing to modify the
visibility protection Federal
Implementation Plan contained in 40
CFR 52.2498 to reflect the approval of
WAC 173–400–117 as it applies to
implementation of the major NNSR
program in NWCAA’s jurisdiction.
Lastly, this SIP revision is not
approved to apply on any Indian
reservation land within Island, Skagit,
or Whatcom counties 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).
lotter on DSKBCFDHB2PROD with PROPOSALS
V. Incorporation by Reference
In this document, the EPA is
proposing to include regulatory text in
an EPA final rule that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is proposing to
incorporate by reference the regulations
shown in the tables in section IV.A.
Regulations to Approve and Incorporate
by Reference into the SIP and the rules
proposed for removal from the SIP in
section IV.C. Regulations to Remove
from the SIP. The EPA has made, and
will continue to make, these materials
generally available through
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).
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17:01 Mar 23, 2020
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VI. Statutory and Executive Order
Reviews
Under the CAA, 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 CAA. Accordingly, this action
merely proposes to approve 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
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).
As discussed above, the SIP is not
approved to apply on any Indian
reservation land in Island, Skagit, or
Whatcom counties, or any other area
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Frm 00033
Fmt 4702
Sfmt 4702
where the EPA or an Indian tribe has
demonstrated that a tribe has
jurisdiction as described in section IV.D
above. 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).
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: March 5, 2020.
Chris Hladick,
Regional Administrator, Region 10.
[FR Doc. 2020–05911 Filed 3–23–20; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 62
[EPA–R01–OAR–2020–0083; FRL–10006–
59–Region 1]
Approval and Promulgation of State
Plan (Negative Declaration) for
Designated Facilities and Pollutants:
Vermont
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
negative declaration submitted to satisfy
the requirements of the Emission
Guidelines and Compliance Times for
Municipal Solid Waste Landfills for the
State of Vermont. The negative
declaration certifies that there are no
existing facilities in the State of
Vermont that must comply with this
rule.
DATES: Written comments must be
received on or before April 23, 2020.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R01–
OAR–2020–0083 at https://
www.regulations.gov, or via email to
kilpatrick.jessica@epa.gov. For
comments submitted at Regulations.gov,
follow the online instructions for
submitting comments. Once submitted,
comments cannot be edited or removed
from Regulations.gov. For either manner
of submission, the EPA may publish any
SUMMARY:
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]]>Agencies
[Federal Register Volume 85, Number 57 (Tuesday, March 24, 2020)]
[Proposed Rules]
[Pages 16599-16604]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05911]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2020-0108: FRL-10006-82-Region 10]
Air Plan Approval; Washington; Northwest Clean Air Agency
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to the Washington State Implementation Plan (SIP)
that were submitted by the Washington Department of Ecology (Ecology)
in coordination with the Northwest Clean Air Agency (NWCAA). This
proposed revision would update certain NWCAA regulations currently in
the SIP, remove obsolete regulations, and approve a subset of updated
Ecology regulations to apply in NWCAA's jurisdiction.
DATES: Written comments must be received on or before April 23, 2020.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2020-0108 at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e., on the web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Jeff Hunt, EPA Region 10, 1200 Sixth
Avenue--Suite 155, Seattle, WA 98101, at (206) 553-0256, or
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, it is intended to refer to the EPA. This
supplementary information section is arranged as follows:
Table of Contents
I. Background for Proposed Action
II. Changes to the NWCAA Regulations
A. General Provisions
B. Definitions
C. Control Procedures
D. Standards
III. Application of WAC 173-400-020
IV. The EPA's Proposed Action
A. Regulations To Approve and Incorporate by Reference Into the
SIP
B. Approved but Not Incorporated by Reference Regulations
C. Regulations To Remove From the SIP
D. Scope of Proposed Action
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. Background for Proposed Action
On January 27, 2014, Ecology submitted revisions to update the
general air quality regulations contained in Chapter 173-400 Washington
Administrative Code (WAC), which the EPA approved in three phases on
October 3, 2014 (79 FR 59653), November 7, 2014 (79 FR 66291), and
April 29, 2015 (80 FR 23721).\1\ Under the revised applicability
provisions of WAC 173-400-020 approved into the SIP on October 3, 2014,
the regulations contained in Chapter 173-400 WAC apply statewide, ``. .
. except for specific subsections where a local authority has adopted
and implemented corresponding local rules that apply only to sources
subject to local jurisdiction as provided under Revised Code of
Washington (RCW) 70.94.141 and 70.94.331.'' \2\ Therefore, the EPA's
approval of Ecology's January 2014 submittal applied only to geographic
areas and source categories under Ecology's direct jurisdiction. We
stated that we would address the revised Chapter 173-400 WAC
regulations as they apply to local clean air agency jurisdictions on a
case-by-case basis in separate, future actions.
---------------------------------------------------------------------------
\1\ In subsequent actions on September 29, 2016 (81 FR 66823)
and October 6, 2016 (81 FR 69385) we made minor corrections to our
previous approval of Chapter 173-400 WAC and approved revised WAC
provisions that incorporated by reference the most recent changes to
the Federal regulations. Additionally, on December 4, 2019 (84 FR
66363) we proposed to approve additional changes to Chapter 173-400
WAC state effective September 16, 2018 and November 25, 2018, which
we are in the processes of finalizing.
\2\ For a more detailed discussion see page 39352 of the EPA's
proposed approval of WAC 173-400-020 (79 FR 39351, July 10, 2014).
---------------------------------------------------------------------------
On February 6, 2020, the Director of Ecology, as the Governor's
designee for SIP revisions, submitted a request to update the air
quality regulations in the SIP as they apply to NWCAA's jurisdiction in
40 CFR part 52.2470(c),
[[Page 16600]]
Table 5--Additional Regulations Approved for the Northwest Clean Air
Agency (NWCAA) Jurisdiction. NWCAA's jurisdiction consists of Island,
Skagit and Whatcom counties, excluding certain facilities discussed in
section IV.D. Scope of Proposed Action. NWCAA's jurisdiction also
excludes Indian reservation land or any other area where the EPA or an
Indian tribe has demonstrated that a tribe has jurisdiction.
Appendices A and A.1 of the February 6, 2020, SIP revision show how
the submitted regulatory updates would apply to NWCAA's jurisdiction.
These revisions can be summarized in two categories. The first category
consists of updates to the NWCAA regulations currently in the SIP or
adopted since the last SIP approval. These updated provisions can apply
in lieu of, or serve as a supplement to, the statewide Chapter 173-400
WAC provisions, as shown in Table 1. The second category consists of
Chapter 173-400 WAC provisions or subsections that do not have direct
corollaries under the NWCAA regulations. In these cases, Ecology and
NWCAA requested that the EPA revise the SIP to include the most
recently approved updates to Chapter 173-400 WAC to apply in NWCAA's
jurisdiction, as shown in Table 2. The EPA's proposed approval of the
Chapter 173-400 WAC provisions for NWCAA's jurisdiction would be
subject to the same exceptions that apply to Ecology's direct
jurisdiction. For example, as part of the January 2014 submittal of
Chapter 173-400 WAC, Ecology did not submit for approval those
provisions related to the regulation of toxic air pollutants or odor
because such provisions are outside the scope of SIPs under Clean Air
Act (CAA) section 110.
II. Changes to the NWCAA Regulations
The EPA last approved updates to the NWCAA regulations on February
22, 1995 (60 FR 9778) and October 24, 1995 (60 FR 54439). In this
proposed action, NWCAA and Ecology requested updating parts of the SIP
with the revised NWCAA regulations described below.
A. General Provisions
The NWCAA general provisions approved into the SIP are contained in
sections 100 through 180. Many of the changes to the NWCAA general
provisions since the EPA's last approval are minor in nature, including
incorporating the name change from the ``Northwest Air Pollution
Authority'' to the ``Northwest Clean Air Agency.'' Other changes
include removing outdated provisions, consolidating sections, or
revisions to more closely mirror the WAC. A full redline/strikeout
comparison of the 1995-approved NWCAA general provisions to the most
recent set of revisions submitted for approval is included in the
docket for this action and will not be described in detail here. We
note that NWCAA did not submit all sections of the general provisions.
For example, NWCAA did not submit replacements for sections 121 Orders,
150 Pollutant Disclosure--Reporting by Air Contaminant Sources, and 180
Sampling and Analytical Methods/References (replaced by section 367,
not submitted as part of this SIP revision). NWCAA also did not submit
section 155 State Environmental Policy Act because it is outside the
scope of SIPs under CAA section 110.
The most significant change with respect to the NWCAA general
provisions is consistent with several recent approvals regarding the
``Regulations Approved but Not Incorporated by Reference'' portion of
the SIP.\3\ The EPA reviews and approves state and local clean air
agency submissions to ensure they provide adequate enforcement
authority and other general authority to implement and enforce the SIP.
However, regulations describing such agency enforcement and other
general authority are generally not incorporated by reference to avoid
potential conflict with the EPA's independent authorities. In our
previous 1995 approvals, we included many of NWCAA's enforcement and
other general authority provisions in 40 CFR 52.2470(c), the
regulations incorporated by reference. We are proposing to revise the
SIP and approve the most recent updates to these sections for inclusion
in 40 CFR 52.2470(e), Table 1--Approved but Not Incorporated by
Reference Regulations. The NWCAA general provisions proposed for
approval, but not incorporation by reference are listed below in
section IV.B Approved but Not Incorporated by Reference Regulations. We
note that sections 100 Name of Agency, 101 Short Title, and 102 Policy,
remain in 40 CFR 52.2470(c), the regulations incorporated by reference,
and we propose to approve the most recent updates to these sections, as
shown in Table 1.
---------------------------------------------------------------------------
\3\ See Benton Clean Air Agency (80 FR 71695, November 17,
2015), Energy Facility Site Evaluation Council (82 FR 24533, May 30,
2017), and Southwest Clean Air Agency (82 FR 17139, April 10, 2017).
---------------------------------------------------------------------------
B. Definitions
Since the EPA's last approval in 1995, NWCAA revised section 200
Definitions to more closely align with the WAC. For example,
definitions related to outdoor burning were moved to the standalone
outdoor burning regulations in section 502 similar to the structure of
WAC 173-425-030. Other NWCAA definitions were revised to more closely
parallel WAC 173-400-030, the definition section for the state general
air quality regulations (79 FR 59653, October 3, 2014). Other
definitions, previously approved into the SIP under section 580
Volatile Organic Compound Control, were consolidated into the general
definition section with minor wording revisions. A redline/strikeout
comparison of the NWCAA definitions to the SIP-approved WAC
definitions, or the prior 1995 SIP-approved NWCAA definition if there
is not a WAC definition, is included in the docket for this action and
will not be described in detail here. We note that consistent with our
approval of Chapter 173-400 WAC, NWCAA did not submit definitions
related to toxic air pollutants or odors, because they are outside the
scope of SIPs under CAA section 110. We also note that NWCAA and
Ecology requested that section 200 generally replace WAC 173-400-030
for sources subject to NWCAA's jurisdiction. However, if a definition
does not appear in section 200 the WAC 173-400-030 definition shall
apply. This applies mainly to definitions related to nonattainment new
source review, visibility permitting, and the Prevention of Significant
Deterioration Program described in the next section, because NWCAA
relies primarily on the WAC for those provisions.
C. Control Procedures
NWCAA and Ecology submitted sections 300 New Source Review, 305
Public Involvement, 320 Registration Program, and 321 Exemptions from
Registration for approval into the SIP, with certain exceptions
described below. These sections consolidate and replace the 1995 SIP-
approved sections 300, 301 (consolidated into 300), 302 (consolidated
into 300), 303, 310 (replaced by 320), 320, 321 (replaced by 320), 322
(renumbered to 321), and 323 (replaced by 320). The revised versions
more closely align the NWCAA new source review program and registration
program with the WAC. A crosswalk comparing NWCAA sections to the SIP-
approved WAC corollaries is included in the docket for this action.
Generally, the NWCAA new source review program in section 300
replaces the following WAC provisions: 173-400-036 Relocation of
Portable Sources, 173-400-110 New Source Review (NSR) for Sources and
Portable Sources, 173-400-111 Processing Notice of
[[Page 16601]]
Construction Applications for Sources, Stationary Sources and Portable
Sources, 173-400-113 New Sources in Attainment or Unclassifiable
Areas--Review for Compliance with Regulations, and 173-400-560 General
Order of Approval for facilities subject to NWCAA's permitting
jurisdiction. As discussed in more detail in section IV.D Scope of
Proposed Action, Ecology and the Energy Facility Site Evaluation
Council (EFSEC) have direct permitting authority for certain source
categories, including the Prevention of Significant Deterioration (PSD)
new source review permitting program for major stationary sources in
attainment and unclassifiable areas. In these cases, the WAC would
continue to apply to permits issued under Ecology or EFSEC's direct
authority. NWCAA retains citations to the PSD program, implemented
under WAC 173-400-700 through 173-400-750, for purposes such as working
on permit coordination with Ecology, enforcing existing PSD permit
conditions not yet incorporated into Title V permits, and determining
violations for inspected facilities that failed to obtain the necessary
PSD permits. However, NWCAA is not requesting, and the EPA is not
proposing to approve, the authority to issue PSD permits under WAC 173-
400-700 through 173-400-750 for NWCAA's direct permitting jurisdiction.
With respect to stationary sources in nonattainment areas, NWCAA
does not currently have, and has never had, a designated nonattainment
area. For this reason, NWCAA has not developed independent local agency
nonattainment new source review (NNSR) rules. In the event that a
nonattainment area is designated in the future, NWCAA retains the
following WAC provisions for implementation of NNSR, and the
accompanying visibility permitting requirements for major stationary
sources: WAC 173-400-112 Requirements for New Sources in Nonattainment
Areas--Review for Compliance with Regulations, WAC 173-400-117 Special
Protection Requirements for Federal Class I Areas, 173-400-131 Issuance
of Emission Reduction Credits, 173-400-136 Use of Emission Reduction
Credits (ERC), as well as the major stationary source NNSR provisions
contained in WAC 173-400-800 through 173-400-860.\4\ Although most of
the NNSR requirements are self-contained in WAC provisions cited above,
certain subsections of WAC 173-400-111 and 173-400-113, noted in Table
2, relate to nonattainment areas and are also retained to apply to
NWCAA's permitting jurisdiction, but only for purposes of implementing
NNSR, as needed.
---------------------------------------------------------------------------
\4\ The EPA approved WAC 173-400-800 through 173-400-860 for
Ecology's direct permitting jurisdiction on November 7, 2014 (79 FR
59653), with minor revisions to reflect updated Federal citations on
October 6, 2016 (81 FR 69385). In connection with our November 7,
2014 approval, we reviewed WAC 173-400-800 through 173-400-860
pursuant to the Federal regulatory requirements in existence at that
time, and discussed the fact that the EPA's 2008 PM2.5
New Source Review Rule (73 FR 28321, May 16, 2008), had been
remanded to the EPA by the U.S. Court of Appeals for the District of
Columbia Circuit. See 79 FR 43345, 43347 (July 25, 2014) (proposed
action); 79 FR 59653 (final action). EPA's 2008 PM2.5 New
Source Review Rule has since been replaced by a revised
implementation rule published August 24, 2016, which imposed
additional NNSR requirements for PM2.5 nonattainment
areas (81 FR 58010). Because there are currently no nonattainment
areas within NWCAA's jurisdiction or Washington State for any
criteria pollutant, including PM2.5, the EPA did not
review WAC 173-400-800 through 173-400-860 for consistency with the
newly revised PM2.5 implementation rule; nor does Ecology
or NWCAA have an obligation to submit rule revisions to address the
2016 PM2.5 implementation rule at this time. However, we
note that the Federal major stationary source NNSR requirements
remain unchanged for all other criteria pollutants since our review
and approval of WAC 173-400-800 through 173-400-860.
---------------------------------------------------------------------------
The crosswalk included in the docket also contains a comparison of
section 305 Public Involvement to the WAC provisions it replaces for
actions taken by NWCAA: WAC 173-400-171 Public Notice and Opportunity
for Public Comment and WAC 173-400-175 Public Information. Although
organized differently, the requirements of section 305 are
substantively the same as the SIP-approved WAC provisions. This
includes NWCAA's incorporation of the e-notice and e-access provisions
promulgated by the EPA on October 18, 2016 (81 FR 71613).
The docket also contains a review of NWCAA's revised registration
program. Since the last SIP approval, NWCAA changed the registration
program from an exemption-based approach to a source category approach
similar to WAC 173-400-100. We note that Ecology chose to remove WAC
173-400-100 from the SIP, because it did not impose air pollution
control requirements on sources or implement or enforce Federal
standards. See the discussion in our proposal, 79 FR 39351, at page
39354 (July 10, 2014). However, NWCAA is retaining the registration
program in the SIP because it implements certain requirements such as
emissions reporting.
Section 303 Work Done Without an Approval replaces the section 303
Notice of Completion--Notice of Violation previously approved into the
SIP. This provision is an enforcement mechanism to address facilities
that construct a new source or modify an existing source without a
final order of approval from NWCAA. Because section 303 is an
enforcement authority, NWCAA and Ecology requested that this provision
be moved to the approved, but not incorporated by reference section of
the SIP. The EPA is proposing to approve this request.
The EPA is also proposing to approve and incorporate by reference
sections 300, 305, 320, and 321, with certain exceptions. As described
in the supporting documents for this proposed action, NWCAA and Ecology
did not submit subsections 300.8(C), 300.25, 320.3, and 321.3 because
they are either not required SIP elements or not appropriate for SIP
approval. We also note, NWCAA and Ecology did not submit, and the EPA
is not proposing to approve, any provisions related to the regulation
of Toxic Air Pollutants consistent with our action on Chapter 173-400
WAC. See the discussion in our proposed approval, 79 FR 39351, 39356
(July 10, 2014).
D. Standards
Sections 400 through 424 of the current NWCAA SIP are outdated
ambient air quality standards, adopted in 1993. NWCAA and Ecology
requested removal of these outdated standards to rely on the statewide
Chapter 173-476 WAC Ambient Air Quality Standards already applicable in
NWCAA's jurisdiction. We most recently updated Chapter 173-476 WAC in
the SIP on October 6, 2016 (81 FR 69386). A review of the outdated and
subsequently repealed NWCAA standards, the changes to the Federal
standards, and the incorporation of all current Federal standards into
Chapter 173-476 WAC is included in the docket for this action. The EPA
is proposing to approve NWCAA and Ecology's request to remove the
outdated NWCAA standards contained in sections 400 through 424.
III. Application of WAC 173-400-020
As previously discussed, a local clean air agency generally has the
authority under WAC 173-400-020 to establish local regulations to
supplement, or act in lieu of, the statewide Chapter 173-400 WAC
provisions for sources within its jurisdiction. This approach is
consistent with our previous SIP actions for Benton Clean Air Agency
(80 FR 71695, November 17, 2015) and Southwest Clean Air Agency (82 FR
17136, April 10, 2017). As discussed above and in the supporting
documents for this action, NWCAA and Ecology requested that the EPA
approve and incorporate by reference: section 102
[[Page 16602]]
Policy to replace WAC 173-400-010; section 200 Definitions to replace
WAC 173-400-030 (except for terms not defined in section 200); section
300 New Source Review to replace WAC 173-400-036, 173-400-110, 173-400-
111, 173-400-113, and 173-400-560 (except certain subsections described
above related to nonattainment areas or the associated visibility
permitting for facilities subject to major stationary source NNSR); and
section 305 Public Involvement to replace WAC 173-400-171 and WAC 173-
400-175 for actions under NWCAA's jurisdiction.
As part of the February 6, 2020, submittal, NWCAA and Ecology also
identified Chapter 173-400 WAC provisions that do not have a direct
corollary in the NWCAA regulations. For these provisions NWCAA and
Ecology requested that the EPA update these Chapter 173-400 WAC
citations to the most recently EPA-approved version of those sections.
The EPA is proposing to approve this request.
IV. The EPA's Proposed Action
A. Regulations To Approve and Incorporate by Reference Into the SIP
The EPA is proposing to approve and incorporate by reference into
the Washington SIP at 40 CFR 52.2470(c), Table 5--Additional
Regulations Approved for the Northwest Clean Air Agency (NWCAA)
Jurisdiction, the NWCAA and Ecology regulations listed in Tables 1 and
2 for sources under NWCAA's jurisdiction.
Table 1--Northwest Clean Air Agency (NWCAA) Regulations for Proposed
Approval and Incorporation by Reference
------------------------------------------------------------------------
State/local
State/local citation Title/subject effective date Explanation
------------------------------------------------------------------------
100.................. Name of Agency.. 08/21/05 ...............
101.................. Short Title..... 08/21/05 ...............
102.................. Policy.......... 08/21/05 Except
provisions
outside the
scope of CAA
section 110.
Replaces WAC
173-400-010.
200.................. Definitions..... 05/12/19 Except the
definitions
Toxic Air
Pollutant,
Odor, and Odor
Source.
Generally
replaces WAC
173-400-030.
However, for
definitions
not included
in section
200, the WAC
173-400-030
definitions in
the table
below shall
apply.
300.................. New Source 05/12/19 Except
Review. subsections
300.8(C),
300.25, or any
provisions
related to the
regulation of
Toxic Air
Pollutants.
Replaces WAC
173-400-036,
173-400-110,
173-400-111,
173-400-113,
and 173-400-
560, except
certain
subsections of
WAC 173-400-
111 and 173-
400-113 listed
in the table
below.
305.................. Public 05/12/19 Except
Involvement. provisions
related to the
regulation of
Toxic Air
Pollutants.
Replaces WAC
173-400-171
and WAC 173-
400-175,
except
subsection 173-
400-171(6)(b).
320.................. Registration 5/12/19 Except
Program. subsection
320.3 and
provisions
related to the
regulation of
Toxic Air
Pollutants or
odor.
321.................. Exemptions from 5/12/19 Except
Registration. subsection
321.3.
------------------------------------------------------------------------
Table 2 shows the updated Chapter 173-400 WAC provisions, or
subsections, that NWCAA and Ecology requested apply to the SIP for
NWCAA's jurisdiction. We note that many of the exclusions listed below
are identical to the exclusions for Ecology's direct jurisdiction. We
also note that NWCAA and Ecology did not submit updates to all the
Chapter 173-400 WAC provisions. For these remaining provisions we will
retain our prior approval of the WAC (60 FR 28726, June 2, 1995).
Table 2--Washington Department of Ecology Regulations for Proposed
Approval and Incorporation by Reference
------------------------------------------------------------------------
State/local
State/local citation Title/subject effective date Explanation
------------------------------------------------------------------------
Chapter 173-400 WAC, General Regulations for Air Pollution Sources
------------------------------------------------------------------------
173-400-020.......... Applicability... 12/29/12 ...............
173-400-025.......... Adoption of 9/16/18 Only as it
Federal Rules. applies to
cross
references in
the WAC.
173-400-030.......... Definitions..... 9/16/18 Except: 173-400-
030(6); 173-
400-030(32);
173-400-030(38
); 173-400-
030(45); 173-
400-030(83);
173-400-030(89
); 173-400-
030(96); 173-
400-030(97);
173-400-030(10
0); 173-400-
030(103); 173-
400-030(104);
or any
definition
included in
NWCAA section
200.
173-400-050.......... Emission 9/16/18 Except: 173-400-
Standards for 050(2); 173-
Combustion and 400-050(4);
Incineration 173-400-050(5)
Units. ; 173-400-
050(6).
173-400-060.......... Emission 11/25/18 ...............
Standards for
General Process
Units.
173-400-091.......... Voluntary Limits 4/1/11 9/20/93 version
on Emissions. continues to
be approved
under the
authority of
CAA Section
112(l) with
respect to
Section 112
hazardous air
pollutants.
See 60 FR
28726 (June 2,
1995).
[[Page 16603]]
173-400-111.......... Processing 7/1/16 Only
Notice of subsections
Construction (1)(c),
Applications (1)(d),
for Sources, (5)(b), and
Stationary (7)(b),
Sources and otherwise
Portable NWCAA section
Sources. 300 applies.
173-400-112.......... Requirements for 12/29/12 The cross
New Sources in reference to
Nonattainment WAC 173-400-
Areas--Review 113(3) is
for Compliance interpreted to
with be NWCAA
Regulations. section
300.9(B)(3).
173-400-113.......... New Sources in 12/29/12 Only subsection
Attainment or (4), otherwise
Unclassifiable NWCAA section
Areas--Review 300 applies.
for Compliance
with
Regulations.
173-400-117.......... Special 12/29/12 ...............
Protection
Requirements
for Federal
Class I Areas.
173-400-118.......... Designation of 12/29/12 ...............
Class I, II,
and III Areas.
173-400-131.......... Issuance of 4/1/11 ...............
Emission
Reduction
Credits.
173-400-136.......... Use of Emission 4/1/11 ...............
Reduction
Credits (ERC).
173-400-151.......... Retrofit 2/10/05 ...............
Requirements
for Visibility
Protection.
173-400-171.......... Public Notice 9/16/18 Only subsection
and Opportunity (6)(b),
for Public otherwise
Comment. NWCAA section
305 applies.
173-400-200.......... Creditable Stack 2/10/05 ...............
Height and
Dispersion
Techniques.
173-400-800.......... Major Stationary 4/1/11 EPA did not
Source and review WAC 173-
Major 400-800
Modification in through 860
a Nonattainment for
Area. consistency
with the
August 24,
2016 PM2.5
implementation
rule (81 FR
58010); nor
does NWCAA
have an
obligation to
submit rule
revisions to
address the
2016 PM2.5
implementation
rule at this
time.
173-400-810.......... Major Stationary 7/1/16 ...............
Source and
Major
Modification
Definitions.
173-400-820.......... Determining if a 12/29/12 ...............
New Stationary
Source or
Modification to
a Stationary
Source is
Subject to
these
Requirements.
173-400-830.......... Permitting 7/1/16 ...............
Requirements.
173-400-840.......... Emission Offset 7/1/16 ...............
Requirements.
173-400-850.......... Actual Emissions 7/1/16 ...............
Plantwide
Applicability
Limitation
(PAL).
173-400-860.......... Public 4/1/11 ...............
Involvement
Procedures.
------------------------------------------------------------------------
B. Approved But Not Incorporated by Reference Regulations
As discussed above, we are proposing to approve the following
updates to NWCAA's general provisions for inclusion in 40 CFR
52.2470(e), Table 1--Approved but Not Incorporated by Reference
Regulations: 103 Duties and Powers, 105 Separability, 110 Investigation
and Studies, 111 Interference or Obstruction, 112 False and Misleading
Oral Statement: Unlawful Reproduction or Alteration of Documents, 113
Service of Notice, 114 Confidential Information, 120 Hearings, 123
Appeal of Orders, 124 Display of Orders, Certificates and Other
Notices: Removal or Mutilation Prohibited, 131 Notice to Violators, 132
Criminal Penalty, 133 Civil Penalty, 134 Restraining Orders--
Injunction, 135 Assurance of Discontinuance, and 303 Work Done Without
an Approval.
C. Regulations To Remove From the SIP
NWCAA and Ecology's February 6, 2020, submittal included a request
to remove several obsolete provisions from the SIP and to remove other
provisions that are not required SIP elements under CAA section 110. As
discussed in the supporting analysis included in the docket for this
action, NWCAA and Ecology requested removal of the following general
provision sections previously approved into the SIP in 1995: 104
Adoption of State and Federal Laws and Rules (not a required SIP
element), 106 Public Records (replaced by section 305.7), 122 Appeals
from Orders or Violations (consolidated into section 123), 130
Citations--Notices (consolidated into section 131), 140 Reporting by
Government Agencies (subsumed by the new source review requirements),
and 145 Motor Vehicle Owner Responsibility (not a required SIP
element). As noted in the control procedures discussion, the former
SIP-approved sections 301 and 302 were consolidated into Section 300
New Source Review and former sections 310, 322, and 323 were
consolidated into the registration program in sections 320 and 321. We
are proposing to approve NWCAA and Ecology's request to remove these
outdated provisions from the SIP and to remove the outdated ambient air
quality standards in sections 400 through 424, in order to rely on the
current, statewide standards in Chapter 173-476 WAC. Lastly, we are
proposing to remove from the SIP any formerly approved WAC provisions
which are replaced by local agency corollaries discussed above for
facilities or actions subject to NWCAA's jurisdiction.
D. Scope of Proposed Action
This proposed revision to the SIP applies specifically to the NWCAA
jurisdiction incorporated into the SIP at 40 CFR 52.2470(c)--Table 5.
As discussed in our October 3, 2014 action, local air agency
jurisdiction in Washington is generally defined on a geographic basis;
however, there are exceptions (79 FR 59653, at page 59654). By statute,
NWCAA does not have authority for sources under the jurisdiction of
EFSEC. See Revised Code of Washington Chapter 80.50. Under the
applicability provisions of WAC 173-405-012, 173-410-012, and 173-415-
012, NWCAA also does not have jurisdiction for kraft pulp mills,
sulfite pulping mills, and primary aluminum plants. For these sources,
Ecology retains statewide, direct jurisdiction. Ecology and EFSEC also
retain statewide, direct jurisdiction for issuing PSD permits.
Therefore, the EPA is not approving into 40 CFR 52.2470(c)--
[[Page 16604]]
Table 5 those provisions of Chapter 173-400 WAC related to the PSD
program. Specifically, these provisions are WAC 173-400-116 and WAC
173-400-700 through 173-400-750, which the EPA has already approved as
applying state-wide under 40 CFR 52.2470(c)--Tables 2 and 3.
As described in our April 29, 2015 action, jurisdiction to
implement the visibility permitting program contained in WAC 173-400-
117 varies depending on the situation. Ecology retains authority to
implement WAC 173-400-117 as it relates to PSD permits. See 80 FR
23721. However, for facilities that may someday be subject to major
NNSR under the applicability provisions of WAC 173-400-800, we are
proposing that NWCAA would be responsible for implementing those parts
of WAC 173-400-117 as they relate to major NNSR permits. See 80 FR
23726. If finalized, the EPA is also proposing to modify the visibility
protection Federal Implementation Plan contained in 40 CFR 52.2498 to
reflect the approval of WAC 173-400-117 as it applies to implementation
of the major NNSR program in NWCAA's jurisdiction.
Lastly, this SIP revision is not approved to apply on any Indian
reservation land within Island, Skagit, or Whatcom counties 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).
V. Incorporation by Reference
In this document, the EPA is proposing to include regulatory text
in an EPA final rule that includes incorporation by reference. In
accordance with requirements of 1 CFR 51.5, the EPA is proposing to
incorporate by reference the regulations shown in the tables in section
IV.A. Regulations to Approve and Incorporate by Reference into the SIP
and the rules proposed for removal from the SIP in section IV.C.
Regulations to Remove from the SIP. The EPA has made, and will continue
to make, these materials generally available through
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).
VI. Statutory and Executive Order Reviews
Under the CAA, 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 CAA. Accordingly, this
action merely proposes to approve 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 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).
As discussed above, the SIP is not approved to apply on any Indian
reservation land in Island, Skagit, or Whatcom counties, or any other
area where the EPA or an Indian tribe has demonstrated that a tribe has
jurisdiction as described in section IV.D above. 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).
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: March 5, 2020.
Chris Hladick,
Regional Administrator, Region 10.
[FR Doc. 2020-05911 Filed 3-23-20; 8:45 am]
BILLING CODE 6560-50-P
