Air Plan Approval; Washington; Spokane Regional Clean Air Agency, 11204-11211 [2021-03035]
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TABLE 1 OF § 165.801—SECTOR OHIO VALLEY ANNUAL AND RECURRING SAFETY ZONES—Continued
Date
Sponsor/name
Sector Ohio Valley
location
85. 3 days—Second or third
week in September.
Wheeling Heritage Port
Sternwheel Festival
Foundation/Wheeling
Heritage Port Sternwheel
Festival.
Boomtown Days—Fireworks
Wheeling, WV ................
Ohio River, Miles 90.2–90.7 (West Virginia).
Nitro, WV .......................
Kanawha River, Miles 43.1–44.2 (West Virginia).
Ohio River Sternwheel Festival Committee fireworks.
Tribute to the River .............
Marietta, OH ..................
Ohio River, Miles 171.5–172.5 (Ohio).
Point Pleasant, WV ........
Ohio River, Miles 264.6–265.6 (West Virginia).
Aurora Fireworks ................
Aurora, IN ......................
Ohio River, Mile 496.3–497.3 (Ohio).
Cabana on the River ..........
Cincinnati, OH ................
Ohio River, Mile 483.2–484.2 (Ohio).
University of Pittsburgh Athletic Department/University of Pittsburgh Fireworks.
Leukemia & Lymphoma Society/Light the Night.
Leukemia and Lymphoma
Society/Light the Night
Walk Fireworks.
Yeatman’s Fireworks ..........
Pittsburgh, PA ................
Ohio River, Miles 0.0–0.1, Monongahela River, Miles
0.0–0.1, Allegheny River, Miles 0.0–0.25 (Pennsylvania).
Pittsburgh, PA ................
Nashville, TN .................
Ohio River, Mile 0.0–0.5, Allegheny River, Mile 0.0–0.5,
and Monongahela River, Mile 0.0–0.5 (Pennsylvania).
Cumberland River, Miles 189.7–192.1 (Tennessee).
Cincinnati, OH ................
Ohio River, Miles 469.0–470.5 (Ohio).
Outdoor Chattanooga/Swim
the Suck.
Chattajack ...........................
West Virginia Motor Car
Festival.
Monster Pumpkin Festival ..
Chattanooga, TN ...........
Tennessee River, Miles 452.0–454.5 (Tennessee).
Chattanooga, TN ...........
Charleston, WV ..............
Tennessee River, Miles 462.7–465.5 (Tennessee).
Kanawha River, Miles 58–59 (West Virginia).
Pittsburgh, PA ................
Allegheny River, Mile 0.0–0.25 (Pennsylvania).
Pittsburgh Downtown Partnership/Light Up Night.
Kittanning Light Up Night
Firework Display.
Santa Spectacular/Light up
Night.
Monongahela Holiday Show
Pittsburgh, PA ................
Allegheny River, Miles 0.0–1.0 (Pennsylvania).
Kittanning, PA ................
Allegheny River, Miles 44.5–45.5 (Pennsylvania).
Pittsburgh, PA ................
Monongahela, PA ..........
Ohio River, Mile 0.0–0.5, Allegheny River, Mile 0.0–0.5,
and Monongahela River, Mile 0.0–0.5 (Pennsylvania).
Ohio River, Miles 31.5–32.5 (Pennsylvania).
Friends of the Festival/
Cheer at the Pier.
Gallipolis in Lights ...............
Chattanooga, TN ...........
Tennessee River, Miles 462.7–465.2 (Tennessee).
Gallipolis, OH .................
Ohio River, Miles 269.2–270 (Ohio).
Pittsburgh Cultural Trust/
Highmark First Night
Pittsburgh.
University of Tennessee/UT
Football Fireworks.
Pittsburgh, PA ................
Allegheny River, Miles 0.5–1.0 (Pennsylvania).
Knoxville, TN ..................
Tennessee River, Miles 645.6–648.3 (Tennessee).
86. 1 day—One weekend in
September.
87. 1 day—One weekend in
September.
88. 1 day—One weekend in
September.
89. 1 day—One weekend in
September.
90. 1 day—Last two weekends in September.
91. Multiple days—September through January.
92. 1 day—First three
weeks of October.
93. 1 day in October ...........
94. 1 day—First two weeks
in October.
95. 1 day in October ...........
96. 1 day in October ...........
97. 1 day—One weekend in
October.
98. 2 days—One of the last
three weekends in October.
99. 1 day—Friday before
Thanksgiving.
100. 1 day—Friday before
Thanksgiving.
101. 1 day—Friday before
Thanksgiving.
102. 1 day—Friday before
Thanksgiving.
103. 1 day in November .....
104. 1 day—Third week of
November.
105. 1 day—December 31 ..
106. 7 days—Scheduled
home games.
*
*
*
*
*
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Dated: Febuary 2, 2021.
A.M. Beach,
Captain, U.S. Coast Guard, Captain of the
Port Sector Ohio Valley.
[FR Doc. 2021–02671 Filed 2–23–21; 8:45 am]
Safety zone
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2020–0650: FRL–10019–
28–Region 10]
Air Plan Approval; Washington;
Spokane Regional Clean Air Agency
BILLING CODE 9110–04–P
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
SUMMARY:
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revision to the Washington State
Implementation Plan (SIP) that was
submitted by the Department of Ecology
(Ecology) in coordination with the
Spokane Regional Clean Air Agency
(SRCAA). This proposed revision
updates the SIP with local SRCAA
regulations that apply in lieu of, or in
supplement to, Ecology’s statewide
general air quality regulations for
SRCAA’s jurisdiction. We are also
proposing to approve SRCAA’s adoption
by reference of certain Ecology general
air quality regulations, which do not
have local agency replacement
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corollaries, to apply in SRCAA’s
jurisdiction.
DATES: Written comments must be
received on or before March 26, 2021.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R10–
OAR–2020–0650 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
supplementary information section is
arranged as follows:
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Table of Contents
I. Background for Proposed Action
II. The Submitted SRCAA Regulations
A. Article I—Policy, Short Title, and
Definitions
B. Article II—General Provisions
C. Article IV—Registration
D. Article V—New Source Review for
Stationary Sources and Portable Sources
E. Article VI—Emissions Prohibited
III. 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
IV. Incorporation by Reference
V. 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
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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 November 24, 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 SRCAA’s
jurisdiction in 40 CFR 52.2470(c), Table
9—Additional Regulations Approved for
the Spokane Regional Clean Air Agency
(SRCAA) Jurisdiction. SRCAA’s
jurisdiction applies within Spokane
County, excluding certain facilities
discussed in section III.D. Scope of
Proposed Action of this document.
SRCAA’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.
Appendix A of the SIP revision show
how the submitted regulatory updates
would apply to SRCAA’s jurisdiction.
These revisions can be summarized in
two categories. The first category
consists of local SRCAA regulations
submitted for approval into the SIP.
These SRCAA provisions can apply in
lieu of, or serve as a supplement to, the
statewide Chapter 173–400 WAC
provisions. The second category
consists of Chapter 173–400 WAC
provisions adopted by reference in
SRCAA Regulation I, subsection
2.14(A)(1). The EPA’s proposed
approval of the Chapter 173–400 WAC
provisions adopted by reference for
1 The EPA approved subsequent, minor updates
to Chapter 173–400 WAC on September 29, 2016
(81 FR 66823), October 6, 2016 (81 FR 69385), and
February 24, 2020 (85 FR 10302).
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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SRCAA’s jurisdiction would be subject
to the same general 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. Lastly, the EPA has
not yet acted upon all updates to
Chapter 173–400 WAC. Therefore,
SRCAA and Ecology only requested
approval of those WAC provisions that
the EPA already approved for Ecology’s
direct jurisdiction.3
II. The Submitted SRCAA Regulations
The EPA last approved updates to the
SRCAA regulations on September 28,
2015 (80 FR 58216) and April 12, 2016
(81 FR 21471). The 2015 and 2016 SIP
revisions pertained primarily to solid
fuel burning devices and particulate
matter controls. In this proposed
revision to the SIP, SRCAA and Ecology
submitted the following general
provisions and corollaries to Chapter
173–400 WAC as described below.
A. Article I—Policy, Short Title, and
Definitions
SRCAA and Ecology submitted
sections 1.01 Policy, 1.02 Name of
Agency and 1.03 Short Title for approval
and incorporation in the SIP.
Subsections 1.01(A) Agency and
Jurisdiction and 1.01(B) Public Policy
replace WAC 173–400–010 Policy and
Purpose. We note that subsection
1.01(C)(1) Applicability supplements
but does not replace WAC 173–400–020
Applicability. Therefore, the EPA is
proposing to approve both subsection
1.01(C)(1) and the most recent update to
WAC 173–400–020, adopted by
reference, to apply within SRCAA’s
jurisdiction. Subsection 1.01(C)(2)
specifies ‘‘Agency regulations that have
been or will be approved by the United
States Environmental Protection Agency
(EPA) for inclusion in the Washington
State Implementation Plan (SIP) apply
for purposes of Washington’s SIP, only
to the following: (a) Those air
contaminants for which the EPA has
3 See 85 FR 10301 (February 24, 2020). For those
Chapter 173–400 WAC provisions not requested for
approval at this time, we will retain our prior June
2, 1995 (60 FR 28726) approval of those provisions
for SRCAA’s jurisdiction. These provisions include
WAC 173–400–030(24) [subsequently renumbered
to 173–400–030(32)], 173–400–040(1)(a) & (b)
[subsequently renumbered to 173–400–040(2)(a) &
(b)], 173–400–070, WAC 173–400–081, and WAC
173–400–107. We will also retain our June 2, 1995,
approval for WAC 173–400–161, 173–400–190,
173–400–205, and 173–400–210 because these
provisions have not changed since our last
approval.
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established National Ambient Air
Quality Standards (NAAQS) and
precursors to such NAAQS pollutants as
determined by the EPA for the
applicable geographic area; and (b) Any
additional air contaminants that are
required to be regulated under Part C of
Title I of the Federal Clean Air Act
(FCAA), relating to prevention of
significant deterioration and visibility,
but only for the purpose of meeting the
requirements of Part C of Title I of the
FCAA or to the extent those additional
air contaminants are regulated in order
to avoid such requirements.’’ Subsection
1.01(C)(2) is consistent with the EPA’s
prior approval of Chapter 173–400 WAC
(see 79 FR 59653, October 3, 2014).
SRCAA and Ecology submitted
section 1.04 General Definitions to
replace the corresponding definitions
contained in WAC 173–400–030. A
redline/strikeout analysis of the section
1.04 definitions compared to the WAC
173–400–030 definitions is included in
the docket for this action. Both sets of
definitions are consistent, with minor
wording changes for clarity or to reflect
local agency implementation. Although
the definitions in section 1.04 generally
mirror the WAC 173–400–030
definitions, not all WAC 173–400–030
definitions appear in section 1.04. In
these instances, SRCAA adopted by
reference the following WAC 173–400–
030 definitions in subsection 2.14(A)(1)
and submitted them for approval in the
SIP: Adverse Impact on Visibility;
Capacity Factor; Class I Area; Dispersion
Technique; Emission Threshold; Excess
Stack Height; Existing Stationary
Facility; Federal Class I Area; Federal
Land Manager; Fossil Fuel-fired Steam
Generator; General Process Unit;
Greenhouse Gases; Industrial Furnace;
Mandatory Class I Federal Area; Natural
Conditions; Projected Width;
Reasonably Attributable; Sulfuric Acid
Plant; and Wood Waste. Consistent with
our prior approvals of Chapter 173–400
WAC, SRCAA did not submit
definitions related to toxic air pollutants
or odors, because they are outside the
scope of SIPs under CAA section 110.
As previously noted, the EPA has not
acted upon all updates to Chapter 173–
400 WAC. Therefore, SRCAA and
Ecology requested approval for only
those WAC definitions, or SRCAA
corollaries to those definitions, that the
EPA already approved for Ecology’s
direct jurisdiction.4
Lastly, SRCAA submitted section 1.05
Acronym Index for approval in the SIP.
We note that many of the acronyms
4 For more information please see the EPA’s
review of Article I included in the docket for this
proposed action.
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relate to program areas outside the
scope of the SIP such as Toxic Air
Pollutant (TAP) and are provided for
informational purposes only.
B. Article II—General Provisions
Article II primarily contains SRCAA’s
general implementation and
enforcement authorities. As noted in
previous approval actions, 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.5 Therefore, we are
proposing to approve, but not
incorporate by reference into the SIP,
sections 2.01 Powers and Duties of the
Board, 2.02 Control Office’s Duties and
Powers [section 2.02(E) replaces WAC
173–400–105(3)], 2.03 Confidential or
Proprietary Information, 2.04 Violations
[replaces WAC 173–400–230(1) & (6)],
2.05 Orders and Hearings, 2.06 Appeal
of Board Orders [replaces WAC 173–
400–250], 2.10 Severability, 2.11
Penalties, Civil Penalties, and
Additional Means for Enforcement
[replaces WAC 173–400–230(2) & (3)],
and 2.12 Restraining Orders—
Injunctions [replaces WAC 173–400–
230(4)].
In addition to the Article II general
implementation and enforcement
authorities described above, SRCAA and
Ecology submitted sections or
subsections 2.08(E), 2.08(F), 2.09, 2.13,
and 2.14(A)(1) to be approved and
incorporated by reference into the SIP,
making these provisions federally
enforceable upon EPA approval.
Specifically, subsection 2.08(E) False
Statements replaces 173–400–105(6);
subsection 2.08(F) Render Inaccurate
replaces WAC 173–400–105(8); section
2.09 contains SRCAA’s source testing
requirements and replaces WAC 173–
400–105(4); and subsection 2.13(A)
adopts by reference federal regulations
cited in Regulation I as they existed on
January 1, 2020. As part of SRCAA’s
adoption by reference of the WAC in
section 2.14, SRCAA explicitly did not
adopt by reference WAC 173–400–025
Adoption of Federal Rules in order to
avoid conflicting with subsubsection
5 See Benton Clean Air Agency (80 FR 71695,
November 17, 2015), Energy Facility Site Evaluation
Council (82 FR 24533, May 30, 2017), Northwest
Clean Air Agency (85 FR 36154, June 15, 2020),
Puget Sound Clean Air Agency (85 FR 22355, April
22, 2020), and Southwest Clean Air Agency (82 FR
17139, April 10, 2017).
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2.13(A). Therefore, for this proposed
approval, references to ‘‘in effect on the
date in WAC 173–400–025’’ as part of
the SRCAA’s adoption by reference of
Chapter 173–400 WAC is understood to
be January 1, 2020, consistent with
subsection 2.13(A). Similarly, section
2.13(B) establishes the adoption by
reference date of state regulations cited
in section 2.14, as January 1, 2020,
unless a different date is listed in
section 2.14.
Subsection 2.14(A)(1) lists the specific
Chapter 173–400 WAC provisions
adopted by reference for SRCAA’s
jurisdiction. As previously noted, 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. A table listing
the Chapter 173–400 WAC provisions
adopted by reference and proposed for
approval in SRCAA’s jurisdiction is
included in section III of this proposal.
We note that subsections 2.14(A)(2)
through (11) apply in SRCAA’s
jurisdiction according to the terms of
the relevant state regulations already
approved into the SIP and do not need
to be included as part of the local
agency SIP submission.6 Similarly, the
adoption by reference of federal
provisions in sections 2.16, 2.17, 2.18
and 2.19 are already applicable as
federal requirements and are typically
not submitted or approved as part of a
state or local air agency SIP.
C. Article IV—Registration
SRCAA uses a registration-based,
source category approach in section 4.04
Stationary Sources and Source
Categories Subject to Registration for
determining new source review (NSR)
applicability under Article V New
Source Review for Stationary Sources
and Portable Sources. This approach
mirrors the Chapter 173–400 WAC
structure currently approved by the EPA
for SRCAA’s jurisdiction (60 FR 28726,
June 2, 1995). In our July 10, 2014,
proposed approval of revisions to
Chapter 173–400 WAC for Ecology’s
direct jurisdiction, Ecology requested,
and the EPA approved, removal of
Ecology’s registration program as a
means of determining NSR applicability
in the SIP (see 79 FR 39351, at page
39354). Instead, Ecology moved to an
exemption-based NSR applicability
structure using emission unit and
6 Not all state regulations cited in subsections
2.14(A)(2) through (11) pertain to the regulation of
criteria air pollutants under CAA section 110, nor
do they apply universally to all geographic areas.
Please see 40 CFR 52.2470(c) Table 1 for more
information about the EPA’s approval of the state
regulations.
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activity exemptions in WAC 173–400–
110(4) and exemptions based on
emissions thresholds in WAC 173–400–
110(5), which the EPA approved on
October 3, 2014 (79 FR 59653). We note
that subsection 4.04(A)(5)(a) contains
emissions thresholds equivalent to, or
more stringent than, the corresponding
NSR applicability emission exemption
levels in WAC 173–400–110(5). We also
note that subsection 4.04(A)(5) applies
to any stationary source or stationary
source category not otherwise
identified, making SRCAA’s NSR
program more stringent than the
emission unit and activity exemptions
in WAC 173–400–110(4). Because
SRCAA’s NSR program continues to be
based on the applicability of its
registration program, we are proposing
to approve and incorporate by reference
in the SIP section 4.04, except for those
provisions related to the regulation of
toxic air pollutants or odors which are
outside the scope of the SIP. In addition
to section 4.04, the other sections or
subsections SRCAA submitted for
approval are 4.03(B) Exemption
Documentation, 4.03(C) Compliance
with Regulation I, and 4.05 Closure of a
Stationary Source or Emission Units, all
provisions of its registration program
used for NSR applicability.
The other provisions of SRCAA’s
registration program do not impose air
pollution control requirements on
sources or implement or enforce federal
requirements. As discussed in the EPA’s
removal of WAC 173–400–100
Registration from the SIP for Ecology’s
direct jurisdiction, these remaining
registration provisions are not required
SIP elements (79 FR 59653, October 3,
2014).7 Therefore, SRCAA did not
submit these other provisions as part of
its SIP and requested that the EPA
remove the citation to WAC 173–400–
100 in the SIP for SRCAA’s jurisdiction.
D. Article V—New Source Review for
Stationary Sources and Portable
Sources
As discussed above, section 4.04 in
combination with section 5.02 New
Source Review—Applicability and when
Required replaces WAC 173–400–110
New Source Review (NSR) for Sources
and Portable Sources in determining
NSR applicability for sources under
SRCAA’s jurisdiction. Similarly,
sections 5.04 Information Required, 5.06
Application Completeness
Determination, 5.07 Processing NOC
Applications for Stationary Sources,
5.10 Changes to an Order of Approval
7 For a more detailed discussion, please see our
proposed rulemaking (79 FR 39351, July 10, 2014,
at page 39354).
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or Permission to Operate, 5.13 Order of
Approval Construction Time Limits, and
5.14 Appeals, collectively, replace the
permitting procedures in WAC 173–
400–111 Processing Notice of
Construction Applications for Sources,
Stationary Sources and Portable
Sources. Lastly, sections 5.05 Public
Involvement and 5.08 Portable Sources
replace WAC 173–400–171 Public
Notice and Opportunity for Public
Comment and WAC 173–400–036
Relocation of Portable Sources,
respectively. An analysis of the SRCAA
provisions with the corresponding WAC
corollaries they replace is included in
the docket for this action. SRCAA and
Ecology also submitted for approval
sections 5.09 Operating Requirements
for Order of Approval and Permission to
Operate, 5.11 Notice of Startup of a
Stationary Source or a Portable Source,
5.12 Work Done Without an Approval,
and 5.15 Obligation to Comply, all of
which have no direct corollary under
Chapter 173–400 WAC. For other new
source review permitting requirements
SRCAA relies on the adoption by
reference of Chapter 173–400 WAC.
As discussed in section III.D Scope of
Proposed Action of this document,
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,
SRCAA 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,
SRCAA 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 SRCAA’s direct permitting
jurisdiction.
With respect to stationary sources in
nonattainment areas, SRCAA does not
currently have a designated
nonattainment area. In the event that a
nonattainment area is designated in the
future, SRCAA adopts by reference the
following WAC provisions for
implementation of the nonattainment
new source review (NNSR) program,
and the accompanying visibility
permitting requirements for major
stationary sources: WAC 173–400–112
Requirements for New Sources in
Nonattainment Areas—Review for
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Compliance with Regulations, WAC
173–400–117 Special Protection
Requirements for Federal Class I Areas,
WAC 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–
860.8
E. Article VI—Emissions Prohibited
As part of the SIP revision, SRCAA
and Ecology submitted only those
Article VI provisions which are
corollaries to, or supplement, certain
SIP-approved provisions contained in
WAC 173–400–040 General Standards
for Maximum Emissions. Specifically,
SRCAA and Ecology submitted
subsection 6.04(C) Emissions
Detrimental to Persons or Property as a
direct replacement for the equivalent
corollary in WAC 173–400–040(6).
SRCAA and Ecology also submitted 6.04
subsections (A), (B), and (H) to
supplement and implement subsection
6.04(C). However, SRCAA and Ecology
did not submit the odor-related
provisions of section 6.04 because these
provisions are outside the scope of the
SIP.9 SRCAA and Ecology also
submitted sections 6.05 Particulate
Matter and Preventing Particulate
8 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.
9 In our approval of WAC 173–400–040 for
Ecology’s direct jurisdiction, Ecology did not
submit, and the EPA did not approve, WAC 173–
400–040(5) Odors because that section was not
related to criteria pollutants regulated under title I
of the CAA, not essential for meeting and
maintaining the NAAQS, or not related to the
requirements for SIPs under section 110 of the
CAA. See 79 FR 39351, July 10, 2014, at page
39353.
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Matter from Becoming Airborne (except
subsection A), 6.14 Standards for
Control of Particulate Matter on Paved
Surfaces, and 6.15 Standards for
Control of Particulate Matter on
Unpaved Roads to supplement but not
replace corresponding corollary
provisions in WAC 173–400–040(4) and
(9). We note that the EPA previously
approved these provisions on April 12,
2016 (81 FR 21471). The resubmitted
versions contain minor edits to clarify
geographic applicability and improve
readability. Lastly, SRCAA and Ecology
submitted section 6.07 Emission of Air
Contaminant Concealment and Masking
Restricted which is a nearly verbatim
replacement of WAC 173–400–040(8)
Concealment and Masking. An analysis
of the Article VI provisions submitted
for approval is included in the docket
for this action.
III. 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 9—Additional Regulations
Approved for the Spokane Regional
Clean Air Agency (SRCAA) Jurisdiction,
the SRCAA and Ecology regulations
listed in Tables 1 and 2 for sources
under SRCAA’s jurisdiction.
TABLE 1—SPOKANE REGIONAL CLEAN AIR AGENCY (SRCAA) REGULATIONS FOR PROPOSED APPROVAL AND
INCORPORATION BY REFERENCE
State/local
citation
1.01
1.02
1.03
1.04
...................
...................
...................
...................
Policy ..............................................
Name of Agency .............................
Short Title .......................................
General Definitions .........................
09/01/20
09/01/20
09/01/20
09/01/20
1.05 ...................
2.08 ...................
Acronym Index ...............................
Falsification of Statements or Documents, and Treatment of Documents.
Source Tests ..................................
Federal and State Regulation Reference Date.
Washington Administrative Codes
(WACS).
09/01/20
09/01/20
Registration Exemptions ................
Stationary Sources and Source
Categories Subject to Registration.
Closure of a Stationary Source or
Emissions Unit(s).
New Source Review—Applicability
and when Required.
NOC and PSP Fees .......................
Information Required ......................
09/01/20
09/01/20
Public Involvement .........................
Application Completeness Determination.
Processing NOC Applications for
Stationary Sources.
09/01/20
09/01/20
Portable Sources ............................
Operating Requirements for Order
of Approval and Permission to
Operate.
Changes to an Order of Approval
or Permission to Operate.
Notice of Startup of a Stationary
Source or a Portable Source.
Work Done Without an Approval ...
Order of Approval Construction
Time Limits.
Appeals ...........................................
09/01/20
09/01/20
Obligation to Comply ......................
Emission of Air Contaminant: Detriment to Person or Property.
09/01/20
09/01/20
2.09 ...................
2.13 ...................
2.14 ...................
4.03 ...................
4.04 ...................
4.05 ...................
5.02 ...................
5.03 ...................
5.04 ...................
5.05 ...................
5.06 ...................
5.07 ...................
5.08 ...................
5.09 ...................
5.10 ...................
5.11 ...................
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State/local
effective date
Title/subject
5.12 ...................
5.13 ...................
5.14 ...................
5.15 ...................
6.04 ...................
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Explanation
Subsections (A) and (B) replace WAC 173–400–010.
Except subsections (17), (41), (52), (60), (74), (101), (112), (119), and
(122). Section 1.04 replaces WAC 173–400–030 except the WAC
173–400–030 definitions list below.
Subsections (E) and (F) only. Subsection (E) replaces WAC 173–400–
105(6). Subsection (F) replaces WAC 173–400–105(8).
09/01/20
09/01/20
Section 2.09 replaces WAC 173–400–105(4).
Subsection (A) replaces WAC 173–400–025.
09/01/20
Subsection (A)(1) only, and only with respect to those revised Chapter
173–400 WAC provisions that are identified for incorporation by reference in the table below.
Subsections (B) and (C) only.
Except subsections (A)(3)(u), (A)(3)(v), (A)(5)(b), (A)(5)(e)(9), or any
other provision as it relates to the regulation of toxic air pollutants or
odors.
09/01/20
09/01/20
09/01/20
09/01/20
09/01/20
09/01/20
Except subsections (C)(5) and (I). Section 5.02 Replaces WAC 173–
400–110. Subsection (F) replaces WAC 173–400–111(2).
Except subsection (A)(8). Collectively, sections 5.04, 5.06, 5.07, 5.10,
5.13, and 5.14 replace the permitting procedures in WAC 173–400–
111.
Except subsection (C)(15). Section 5.05 replaces WAC 173–400–171.
Collectively, sections 5.04, 5.06, 5.07, 5.10, 5.13, and 5.14 replace the
permitting procedures in WAC 173–400–111.
Except subsections (A)(1)(g) and (B). Collectively, sections 5.04, 5.06,
5.07, 5.10, 5.13, and 5.14 replace the permitting procedures in WAC
173–400–111, and subsection 5.07(A)(7) replaces WAC 173–400–
110(2)(a).
Except subsection (A)(6). Section 5.08 replaces WAC 173–400–036.
Except subsection (C).
Collectively, sections 5.04, 5.06, 5.07, 5.10, 5.13, and 5.14 replace the
permitting procedures in WAC 173–400–111.
09/01/20
09/01/20
09/01/20
09/01/20
Fmt 4702
Collectively, sections 5.04, 5.06, 5.07, 5.10, 5.13, and 5.14 replace the
permitting procedures in WAC 173–400–111.
Collectively, sections 5.04, 5.06, 5.07, 5.10, 5.13, and 5.14 replace the
permitting procedures in WAC 173–400–111.
Subsections (A), (B), (C), and (H) only and excepting provisions in
RCW 70.94.640 (incorporated by reference) that relate to odor. Subsection (C) replaces WAC 173–400–040(6).
Sfmt 4702
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TABLE 1—SPOKANE REGIONAL CLEAN AIR AGENCY (SRCAA) REGULATIONS FOR PROPOSED APPROVAL AND
INCORPORATION BY REFERENCE—Continued
State/local
citation
Title/subject
6.05 ...................
Particulate Matter and Preventing
Particulate Matter from Becoming Airborne.
Emission of Air Contaminant Concealment and Masking Restricted.
Standards for Control of Particulate
Matter on Paved Surfaces.
Standards for Control of Particulate
Matter on Unpaved Roads.
6.07 ...................
6.14 ...................
6.15 ...................
State/local
effective date
Table 2 shows the Chapter 173–400
WAC provisions adopted by reference in
Regulation I, subsection 2.14(A)(1) that
SRCAA and Ecology submitted to apply
within SRCAA’s jurisdiction. We note
Explanation
09/01/20
Except subsection (A). Section 6.05 supplements but does not replace
WAC 173–400–040(4) and (9).
09/01/20
Section 6.07 replaces WAC 173–400–040(8).
09/01/20
Section 6.14 supplements but does not replace WAC 173–400–040(9).
09/01/20
Section 6.15 supplements but does not replace WAC 173–400–040(9).
that many of the exclusions listed below
are identical to the exclusions for
Ecology’s direct jurisdiction. We also
note that SRCAA 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
Chapter 173–400 WAC, General Regulations for Air Pollution Sources
173–400–020 ....
173–400–030 ....
Applicability .....................................
Definitions .......................................
12/29/12
9/16/18
173–400–040 ....
General Standards for Maximum
Emissions.
Emission Standards for Combustion and Incineration Units.
Emission Standards for General
Process Units.
Voluntary Limits on Emissions .......
9/16/18
173–400–050 ....
173–400–060 ....
173–400–091 ....
173–400–105 ....
173–400–112 ....
173–400–113 ....
173–400–117 ....
173–400–118 ....
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173–400–131 ....
173–400–136 ....
173–400–151 ....
173–400–175 ....
173–400–200 ....
173–400–560 ....
VerDate Sep<11>2014
Records, Monitoring, and Reporting.
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 Information ...........................
Creditable Stack Height and Dispersion Techniques.
General Order of Approval .............
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9/16/18
Only the following definitions: Adverse Impact on Visibility; Capacity
Factor; Class I Area; Dispersion Technique; Emission Threshold;
Excess Stack Height; Existing Stationary Facility; Federal Class I
Area; Federal Land Manager; Fossil Fuel-fired Steam Generator;
General Process Unit; Greenhouse Gases; Industrial Furnace; Mandatory Class I Federal Area; Natural Conditions; Projected Width;
Reasonably Attributable; Sulfuric Acid Plant; and Wood Waste.
Except: 173–400–040(2); 173–400–040(3); 173–400–040(5); 173–
400–040(6); 173–400–040(8).
Except: 173–400–050(2); 173–400–050(4); 173–400–050(5); 173–
400–050(6).
11/25/18
4/1/11
11/25/18
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).
Except: 173–400–105(3); 173–400–105(4); 173–400–105(6); 173–
400–105(8).
12/29/12
12/29/12
Except: 173–400–113(3), second sentence.
12/29/12
12/29/12
4/1/11
4/1/11
2/10/05
2/10/05
2/10/05
12/29/12
Fmt 4702
Except: The part of 173–400–560(1)(f) that says, ‘‘173–460 WAC’’.
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TABLE 2—WASHINGTON DEPARTMENT OF ECOLOGY REGULATIONS FOR PROPOSED APPROVAL AND INCORPORATION BY
REFERENCE—Continued
State/local
citation
Title/subject
173–400–800 ....
Major Stationary Source and Major
Modification in a Nonattainment
Area.
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
173–400–820 ....
173–400–830 ....
173–400–840 ....
173–400–850 ....
173–400–860 ....
State/local
effective date
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B. Approved but Not Incorporated by
Reference Regulations
As discussed above, we are proposing
to approve the following updates to
SRCAA’s general provisions for
inclusion in 40 CFR 52.2470(e), Table
1—Approved but Not Incorporated by
Reference Regulations: sections 2.01
Powers and Duties of the Board, 2.02
Control Office’s Duties and Powers
[section 2.02(E) replaces WAC 173–400–
105(3)], 2.03 Confidential or Proprietary
Information, 2.04 Violations [replaces
WAC 173–400–230(1) & (6)], 2.05
Orders and Hearings, 2.06 Appeal of
Board Orders [replaces WAC 173–400–
250], 2.10 Severability, 2.11 Penalties,
Civil Penalties, and Additional Means
for Enforcement [replaces WAC 173–
400–230(2) & (3)], and 2.12 Restraining
Orders—Injunctions [replaces WAC
173–400–230(4)]. We also note that
SRCAA adopts by reference WAC 173–
400–220 Requirements for Board
Members,173–400–230 Regulatory
Actions, 173–400–240 Criminal
Penalties, 173–400–250 Appeals, and
173–400–260 Conflict of Interest to
apply within its jurisdiction in the
approved but not incorporated by
reference section of the SIP.
C. Regulations To Remove From the SIP
We are proposing to remove from the
SIP for SRCAA’s jurisdiction any
formerly approved Chapter 173–400
WAC provisions which are replaced by
local agency corollaries as described
above. We are also proposing to remove
WAC 173–400–100 Registration from
the SIP for SRCAA’s jurisdiction
because it is not a required SIP element
as described above in the discussion of
Article IV. Lastly, we are proposing to
remove the outdated and subsequently
repealed Regulation II, section 4.01
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16:41 Feb 23, 2021
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Explanation
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 SRCAA 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
because these requirements were
replaced by SRCAA’s adoption by
reference of WAC 173–400–050 and
WAC 173–400–060.10
D. Scope of Proposed Action
This proposed revision to the SIP
applies specifically to the SRCAA
jurisdiction incorporated into the SIP at
40 CFR 52.2470(c)—Table 9. 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, SRCAA 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, SRCAA 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, as previously discussed.
Therefore, the EPA is not approving into
40 CFR 52.2470(c)—Table 9 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
10 See ‘‘Repeal of Regulation II, Section 4.01’’
included in the docket.
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Sfmt 4702
authority to implement WAC 173–400–
117 as it relates to PSD permits. See 80
FR 23721. However, for facilities that
may be subject to major NNSR under the
applicability provisions of WAC 173–
400–800, adopted by reference, we are
proposing that SRCAA 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 SRCAA’s jurisdiction.
Lastly, this SIP revision is not
approved to apply on any Indian
reservation land within Spokane County
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.
IV. 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 III.A of
this document. Regulations to Approve
and Incorporate by Reference into the
SIP and the rules proposed for removal
from the SIP in section III.C. Regulations
to Remove from the SIP of this
document. 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
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section of this
preamble for more information).
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INFORMATION CONTACT
V. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
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);
• 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 within Spokane
county, or any other area where the EPA
or an Indian tribe has demonstrated that
a tribe has jurisdiction as described
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16:41 Feb 23, 2021
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above in section III.D of this document.
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.
Dated: February 9, 2021.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.
[FR Doc. 2021–03035 Filed 2–23–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2020–0739; FRL–10020–
10–Region 8]
Approval and Promulgation of
Implementation Plans; South Dakota;
Revisions to Air Rules of South Dakota
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
State Implementation Plan (SIP)
revision submitted by the State of South
Dakota on January 3, 2020 that revises
the Administrative Rules of South
Dakota (ARSD), Air Pollution Control
Program, updating the chapter
pertaining to definitions. The EPA is
taking this action pursuant to the Clean
Air Act (CAA).
DATES: Written comments must be
received on or before March 26, 2021.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R08–
OAR–2020–0739, to the Federal
Rulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from
www.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,
SUMMARY:
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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://www2.epa.gov/dockets/
commenting-epa-dockets.
Docket: All documents in the docket
are listed in the www.regulations.gov
index. Although listed in the index,
some information is not publicly
available, e.g., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
available only in hard copy. Publicly
available docket materials are available
electronically in www.regulations.gov.
To reduce the risk of COVID–19
transmission, for this action we do not
plan to offer hard copy review of the
docket. Please email or call the person
listed in the FOR FURTHER INFORMATION
CONTACT section if you need to make
alternative arrangements for access to
the docket.
FOR FURTHER INFORMATION CONTACT: Kate
Gregory, (303) 312–6175, gregory.kate@
epa.gov. Mail can be directed to the Air
and Radiation Division, U.S. EPA,
Region 8, Mail-code 8ARD–QP, 1595
Wynkoop Street, Denver, Colorado
80202–1129.
SUPPLEMENTARY INFORMATION:
Throughout this document wherever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
the EPA.
I. Background
On January 3, 2020 the State of South
Dakota submitted proposed revisions
and additions to the ARSD. In this
action, we are proposing to approve the
additions to the ARSD pertaining to the
definitions section.
II. EPA’s Evaluation
On January 3, 2020 the EPA received
revisions for the ARSD for the State of
South Dakota. The submittal was signed
by the Governor and received a 30-day
State public comment period starting on
November 26, 2019 (no requests were
made for a public hearing). The EPA is
proposing to approve the revisions to
the ARSD, specifically the additions to
the definitions section, for the State of
South Dakota submitted by the State on
January 3, 2020 in this action.
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]]>Agencies
[Federal Register Volume 86, Number 35 (Wednesday, February 24, 2021)]
[Proposed Rules]
[Pages 11204-11211]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03035]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2020-0650: FRL-10019-28-Region 10]
Air Plan Approval; Washington; Spokane Regional Clean Air Agency
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a revision to the Washington State Implementation Plan (SIP)
that was submitted by the Department of Ecology (Ecology) in
coordination with the Spokane Regional Clean Air Agency (SRCAA). This
proposed revision updates the SIP with local SRCAA regulations that
apply in lieu of, or in supplement to, Ecology's statewide general air
quality regulations for SRCAA's jurisdiction. We are also proposing to
approve SRCAA's adoption by reference of certain Ecology general air
quality regulations, which do not have local agency replacement
[[Page 11205]]
corollaries, to apply in SRCAA's jurisdiction.
DATES: Written comments must be received on or before March 26, 2021.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2020-0650 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. The Submitted SRCAA Regulations
A. Article I--Policy, Short Title, and Definitions
B. Article II--General Provisions
C. Article IV--Registration
D. Article V--New Source Review for Stationary Sources and
Portable Sources
E. Article VI--Emissions Prohibited
III. 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
IV. Incorporation by Reference
V. 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.
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\1\ The EPA approved subsequent, minor updates to Chapter 173-
400 WAC on September 29, 2016 (81 FR 66823), October 6, 2016 (81 FR
69385), and February 24, 2020 (85 FR 10302).
\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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On November 24, 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 SRCAA's jurisdiction in
40 CFR 52.2470(c), Table 9--Additional Regulations Approved for the
Spokane Regional Clean Air Agency (SRCAA) Jurisdiction. SRCAA's
jurisdiction applies within Spokane County, excluding certain
facilities discussed in section III.D. Scope of Proposed Action of this
document. SRCAA'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.
Appendix A of the SIP revision show how the submitted regulatory
updates would apply to SRCAA's jurisdiction. These revisions can be
summarized in two categories. The first category consists of local
SRCAA regulations submitted for approval into the SIP. These SRCAA
provisions can apply in lieu of, or serve as a supplement to, the
statewide Chapter 173-400 WAC provisions. The second category consists
of Chapter 173-400 WAC provisions adopted by reference in SRCAA
Regulation I, subsection 2.14(A)(1). The EPA's proposed approval of the
Chapter 173-400 WAC provisions adopted by reference for SRCAA's
jurisdiction would be subject to the same general 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. Lastly, the EPA has not yet
acted upon all updates to Chapter 173-400 WAC. Therefore, SRCAA and
Ecology only requested approval of those WAC provisions that the EPA
already approved for Ecology's direct jurisdiction.\3\
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\3\ See 85 FR 10301 (February 24, 2020). For those Chapter 173-
400 WAC provisions not requested for approval at this time, we will
retain our prior June 2, 1995 (60 FR 28726) approval of those
provisions for SRCAA's jurisdiction. These provisions include WAC
173-400-030(24) [subsequently renumbered to 173-400-030(32)], 173-
400-040(1)(a) & (b) [subsequently renumbered to 173-400-040(2)(a) &
(b)], 173-400-070, WAC 173-400-081, and WAC 173-400-107. We will
also retain our June 2, 1995, approval for WAC 173-400-161, 173-400-
190, 173-400-205, and 173-400-210 because these provisions have not
changed since our last approval.
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II. The Submitted SRCAA Regulations
The EPA last approved updates to the SRCAA regulations on September
28, 2015 (80 FR 58216) and April 12, 2016 (81 FR 21471). The 2015 and
2016 SIP revisions pertained primarily to solid fuel burning devices
and particulate matter controls. In this proposed revision to the SIP,
SRCAA and Ecology submitted the following general provisions and
corollaries to Chapter 173-400 WAC as described below.
A. Article I--Policy, Short Title, and Definitions
SRCAA and Ecology submitted sections 1.01 Policy, 1.02 Name of
Agency and 1.03 Short Title for approval and incorporation in the SIP.
Subsections 1.01(A) Agency and Jurisdiction and 1.01(B) Public Policy
replace WAC 173-400-010 Policy and Purpose. We note that subsection
1.01(C)(1) Applicability supplements but does not replace WAC 173-400-
020 Applicability. Therefore, the EPA is proposing to approve both
subsection 1.01(C)(1) and the most recent update to WAC 173-400-020,
adopted by reference, to apply within SRCAA's jurisdiction. Subsection
1.01(C)(2) specifies ``Agency regulations that have been or will be
approved by the United States Environmental Protection Agency (EPA) for
inclusion in the Washington State Implementation Plan (SIP) apply for
purposes of Washington's SIP, only to the following: (a) Those air
contaminants for which the EPA has
[[Page 11206]]
established National Ambient Air Quality Standards (NAAQS) and
precursors to such NAAQS pollutants as determined by the EPA for the
applicable geographic area; and (b) Any additional air contaminants
that are required to be regulated under Part C of Title I of the
Federal Clean Air Act (FCAA), relating to prevention of significant
deterioration and visibility, but only for the purpose of meeting the
requirements of Part C of Title I of the FCAA or to the extent those
additional air contaminants are regulated in order to avoid such
requirements.'' Subsection 1.01(C)(2) is consistent with the EPA's
prior approval of Chapter 173-400 WAC (see 79 FR 59653, October 3,
2014).
SRCAA and Ecology submitted section 1.04 General Definitions to
replace the corresponding definitions contained in WAC 173-400-030. A
redline/strikeout analysis of the section 1.04 definitions compared to
the WAC 173-400-030 definitions is included in the docket for this
action. Both sets of definitions are consistent, with minor wording
changes for clarity or to reflect local agency implementation. Although
the definitions in section 1.04 generally mirror the WAC 173-400-030
definitions, not all WAC 173-400-030 definitions appear in section
1.04. In these instances, SRCAA adopted by reference the following WAC
173-400-030 definitions in subsection 2.14(A)(1) and submitted them for
approval in the SIP: Adverse Impact on Visibility; Capacity Factor;
Class I Area; Dispersion Technique; Emission Threshold; Excess Stack
Height; Existing Stationary Facility; Federal Class I Area; Federal
Land Manager; Fossil Fuel-fired Steam Generator; General Process Unit;
Greenhouse Gases; Industrial Furnace; Mandatory Class I Federal Area;
Natural Conditions; Projected Width; Reasonably Attributable; Sulfuric
Acid Plant; and Wood Waste. Consistent with our prior approvals of
Chapter 173-400 WAC, SRCAA did not submit definitions related to toxic
air pollutants or odors, because they are outside the scope of SIPs
under CAA section 110. As previously noted, the EPA has not acted upon
all updates to Chapter 173-400 WAC. Therefore, SRCAA and Ecology
requested approval for only those WAC definitions, or SRCAA corollaries
to those definitions, that the EPA already approved for Ecology's
direct jurisdiction.\4\
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\4\ For more information please see the EPA's review of Article
I included in the docket for this proposed action.
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Lastly, SRCAA submitted section 1.05 Acronym Index for approval in
the SIP. We note that many of the acronyms relate to program areas
outside the scope of the SIP such as Toxic Air Pollutant (TAP) and are
provided for informational purposes only.
B. Article II--General Provisions
Article II primarily contains SRCAA's general implementation and
enforcement authorities. As noted in previous approval actions, 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.\5\ Therefore, we are proposing
to approve, but not incorporate by reference into the SIP, sections
2.01 Powers and Duties of the Board, 2.02 Control Office's Duties and
Powers [section 2.02(E) replaces WAC 173-400-105(3)], 2.03 Confidential
or Proprietary Information, 2.04 Violations [replaces WAC 173-400-
230(1) & (6)], 2.05 Orders and Hearings, 2.06 Appeal of Board Orders
[replaces WAC 173-400-250], 2.10 Severability, 2.11 Penalties, Civil
Penalties, and Additional Means for Enforcement [replaces WAC 173-400-
230(2) & (3)], and 2.12 Restraining Orders--Injunctions [replaces WAC
173-400-230(4)].
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\5\ See Benton Clean Air Agency (80 FR 71695, November 17,
2015), Energy Facility Site Evaluation Council (82 FR 24533, May 30,
2017), Northwest Clean Air Agency (85 FR 36154, June 15, 2020),
Puget Sound Clean Air Agency (85 FR 22355, April 22, 2020), and
Southwest Clean Air Agency (82 FR 17139, April 10, 2017).
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In addition to the Article II general implementation and
enforcement authorities described above, SRCAA and Ecology submitted
sections or subsections 2.08(E), 2.08(F), 2.09, 2.13, and 2.14(A)(1) to
be approved and incorporated by reference into the SIP, making these
provisions federally enforceable upon EPA approval. Specifically,
subsection 2.08(E) False Statements replaces 173-400-105(6); subsection
2.08(F) Render Inaccurate replaces WAC 173-400-105(8); section 2.09
contains SRCAA's source testing requirements and replaces WAC 173-400-
105(4); and subsection 2.13(A) adopts by reference federal regulations
cited in Regulation I as they existed on January 1, 2020. As part of
SRCAA's adoption by reference of the WAC in section 2.14, SRCAA
explicitly did not adopt by reference WAC 173-400-025 Adoption of
Federal Rules in order to avoid conflicting with subsubsection 2.13(A).
Therefore, for this proposed approval, references to ``in effect on the
date in WAC 173-400-025'' as part of the SRCAA's adoption by reference
of Chapter 173-400 WAC is understood to be January 1, 2020, consistent
with subsection 2.13(A). Similarly, section 2.13(B) establishes the
adoption by reference date of state regulations cited in section 2.14,
as January 1, 2020, unless a different date is listed in section 2.14.
Subsection 2.14(A)(1) lists the specific Chapter 173-400 WAC
provisions adopted by reference for SRCAA's jurisdiction. As previously
noted, 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. A table listing the Chapter 173-
400 WAC provisions adopted by reference and proposed for approval in
SRCAA's jurisdiction is included in section III of this proposal. We
note that subsections 2.14(A)(2) through (11) apply in SRCAA's
jurisdiction according to the terms of the relevant state regulations
already approved into the SIP and do not need to be included as part of
the local agency SIP submission.\6\ Similarly, the adoption by
reference of federal provisions in sections 2.16, 2.17, 2.18 and 2.19
are already applicable as federal requirements and are typically not
submitted or approved as part of a state or local air agency SIP.
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\6\ Not all state regulations cited in subsections 2.14(A)(2)
through (11) pertain to the regulation of criteria air pollutants
under CAA section 110, nor do they apply universally to all
geographic areas. Please see 40 CFR 52.2470(c) Table 1 for more
information about the EPA's approval of the state regulations.
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C. Article IV--Registration
SRCAA uses a registration-based, source category approach in
section 4.04 Stationary Sources and Source Categories Subject to
Registration for determining new source review (NSR) applicability
under Article V New Source Review for Stationary Sources and Portable
Sources. This approach mirrors the Chapter 173-400 WAC structure
currently approved by the EPA for SRCAA's jurisdiction (60 FR 28726,
June 2, 1995). In our July 10, 2014, proposed approval of revisions to
Chapter 173-400 WAC for Ecology's direct jurisdiction, Ecology
requested, and the EPA approved, removal of Ecology's registration
program as a means of determining NSR applicability in the SIP (see 79
FR 39351, at page 39354). Instead, Ecology moved to an exemption-based
NSR applicability structure using emission unit and
[[Page 11207]]
activity exemptions in WAC 173-400-110(4) and exemptions based on
emissions thresholds in WAC 173-400-110(5), which the EPA approved on
October 3, 2014 (79 FR 59653). We note that subsection 4.04(A)(5)(a)
contains emissions thresholds equivalent to, or more stringent than,
the corresponding NSR applicability emission exemption levels in WAC
173-400-110(5). We also note that subsection 4.04(A)(5) applies to any
stationary source or stationary source category not otherwise
identified, making SRCAA's NSR program more stringent than the emission
unit and activity exemptions in WAC 173-400-110(4). Because SRCAA's NSR
program continues to be based on the applicability of its registration
program, we are proposing to approve and incorporate by reference in
the SIP section 4.04, except for those provisions related to the
regulation of toxic air pollutants or odors which are outside the scope
of the SIP. In addition to section 4.04, the other sections or
subsections SRCAA submitted for approval are 4.03(B) Exemption
Documentation, 4.03(C) Compliance with Regulation I, and 4.05 Closure
of a Stationary Source or Emission Units, all provisions of its
registration program used for NSR applicability.
The other provisions of SRCAA's registration program do not impose
air pollution control requirements on sources or implement or enforce
federal requirements. As discussed in the EPA's removal of WAC 173-400-
100 Registration from the SIP for Ecology's direct jurisdiction, these
remaining registration provisions are not required SIP elements (79 FR
59653, October 3, 2014).\7\ Therefore, SRCAA did not submit these other
provisions as part of its SIP and requested that the EPA remove the
citation to WAC 173-400-100 in the SIP for SRCAA's jurisdiction.
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\7\ For a more detailed discussion, please see our proposed
rulemaking (79 FR 39351, July 10, 2014, at page 39354).
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D. Article V--New Source Review for Stationary Sources and Portable
Sources
As discussed above, section 4.04 in combination with section 5.02
New Source Review--Applicability and when Required replaces WAC 173-
400-110 New Source Review (NSR) for Sources and Portable Sources in
determining NSR applicability for sources under SRCAA's jurisdiction.
Similarly, sections 5.04 Information Required, 5.06 Application
Completeness Determination, 5.07 Processing NOC Applications for
Stationary Sources, 5.10 Changes to an Order of Approval or Permission
to Operate, 5.13 Order of Approval Construction Time Limits, and 5.14
Appeals, collectively, replace the permitting procedures in WAC 173-
400-111 Processing Notice of Construction Applications for Sources,
Stationary Sources and Portable Sources. Lastly, sections 5.05 Public
Involvement and 5.08 Portable Sources replace WAC 173-400-171 Public
Notice and Opportunity for Public Comment and WAC 173-400-036
Relocation of Portable Sources, respectively. An analysis of the SRCAA
provisions with the corresponding WAC corollaries they replace is
included in the docket for this action. SRCAA and Ecology also
submitted for approval sections 5.09 Operating Requirements for Order
of Approval and Permission to Operate, 5.11 Notice of Startup of a
Stationary Source or a Portable Source, 5.12 Work Done Without an
Approval, and 5.15 Obligation to Comply, all of which have no direct
corollary under Chapter 173-400 WAC. For other new source review
permitting requirements SRCAA relies on the adoption by reference of
Chapter 173-400 WAC.
As discussed in section III.D Scope of Proposed Action of this
document, 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, SRCAA 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, SRCAA 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 SRCAA's
direct permitting jurisdiction.
With respect to stationary sources in nonattainment areas, SRCAA
does not currently have a designated nonattainment area. In the event
that a nonattainment area is designated in the future, SRCAA adopts by
reference the following WAC provisions for implementation of the
nonattainment new source review (NNSR) program, 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, WAC 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.\8\
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\8\ 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.
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E. Article VI--Emissions Prohibited
As part of the SIP revision, SRCAA and Ecology submitted only those
Article VI provisions which are corollaries to, or supplement, certain
SIP-approved provisions contained in WAC 173-400-040 General Standards
for Maximum Emissions. Specifically, SRCAA and Ecology submitted
subsection 6.04(C) Emissions Detrimental to Persons or Property as a
direct replacement for the equivalent corollary in WAC 173-400-040(6).
SRCAA and Ecology also submitted 6.04 subsections (A), (B), and (H) to
supplement and implement subsection 6.04(C). However, SRCAA and Ecology
did not submit the odor-related provisions of section 6.04 because
these provisions are outside the scope of the SIP.\9\ SRCAA and Ecology
also submitted sections 6.05 Particulate Matter and Preventing
Particulate
[[Page 11208]]
Matter from Becoming Airborne (except subsection A), 6.14 Standards for
Control of Particulate Matter on Paved Surfaces, and 6.15 Standards for
Control of Particulate Matter on Unpaved Roads to supplement but not
replace corresponding corollary provisions in WAC 173-400-040(4) and
(9). We note that the EPA previously approved these provisions on April
12, 2016 (81 FR 21471). The resubmitted versions contain minor edits to
clarify geographic applicability and improve readability. Lastly, SRCAA
and Ecology submitted section 6.07 Emission of Air Contaminant
Concealment and Masking Restricted which is a nearly verbatim
replacement of WAC 173-400-040(8) Concealment and Masking. An analysis
of the Article VI provisions submitted for approval is included in the
docket for this action.
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\9\ In our approval of WAC 173-400-040 for Ecology's direct
jurisdiction, Ecology did not submit, and the EPA did not approve,
WAC 173-400-040(5) Odors because that section was not related to
criteria pollutants regulated under title I of the CAA, not
essential for meeting and maintaining the NAAQS, or not related to
the requirements for SIPs under section 110 of the CAA. See 79 FR
39351, July 10, 2014, at page 39353.
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III. 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 9--Additional
Regulations Approved for the Spokane Regional Clean Air Agency (SRCAA)
Jurisdiction, the SRCAA and Ecology regulations listed in Tables 1 and
2 for sources under SRCAA's jurisdiction.
Table 1--Spokane Regional Clean Air Agency (SRCAA) Regulations for Proposed Approval and Incorporation by
Reference
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State/local
State/local citation Title/subject effective date Explanation
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1.01............................. Policy..................... 09/01/20 Subsections (A) and (B) replace
WAC 173-400-010.
1.02............................. Name of Agency............. 09/01/20 ................................
1.03............................. Short Title................ 09/01/20 ................................
1.04............................. General Definitions........ 09/01/20 Except subsections (17), (41),
(52), (60), (74), (101), (112),
(119), and (122). Section 1.04
replaces WAC 173-400-030 except
the WAC 173-400-030 definitions
list below.
1.05............................. Acronym Index.............. 09/01/20 ................................
2.08............................. Falsification of Statements 09/01/20 Subsections (E) and (F) only.
or Documents, and Subsection (E) replaces WAC 173-
Treatment of Documents. 400-105(6). Subsection (F)
replaces WAC 173-400-105(8).
2.09............................. Source Tests............... 09/01/20 Section 2.09 replaces WAC 173-
400-105(4).
2.13............................. Federal and State 09/01/20 Subsection (A) replaces WAC 173-
Regulation Reference Date. 400-025.
2.14............................. Washington Administrative 09/01/20 Subsection (A)(1) only, and only
Codes (WACS). with respect to those revised
Chapter 173-400 WAC provisions
that are identified for
incorporation by reference in
the table below.
4.03............................. Registration Exemptions.... 09/01/20 Subsections (B) and (C) only.
4.04............................. Stationary Sources and 09/01/20 Except subsections (A)(3)(u),
Source Categories Subject (A)(3)(v), (A)(5)(b),
to Registration. (A)(5)(e)(9), or any other
provision as it relates to the
regulation of toxic air
pollutants or odors.
4.05............................. Closure of a Stationary 09/01/20 ................................
Source or Emissions
Unit(s).
5.02............................. New Source Review-- 09/01/20 Except subsections (C)(5) and
Applicability and when (I). Section 5.02 Replaces WAC
Required. 173-400-110. Subsection (F)
replaces WAC 173-400-111(2).
5.03............................. NOC and PSP Fees........... 09/01/20 ................................
5.04............................. Information Required....... 09/01/20 Except subsection (A)(8).
Collectively, sections 5.04,
5.06, 5.07, 5.10, 5.13, and
5.14 replace the permitting
procedures in WAC 173-400-111.
5.05............................. Public Involvement......... 09/01/20 Except subsection (C)(15).
Section 5.05 replaces WAC 173-
400-171.
5.06............................. Application Completeness 09/01/20 Collectively, sections 5.04,
Determination. 5.06, 5.07, 5.10, 5.13, and
5.14 replace the permitting
procedures in WAC 173-400-111.
5.07............................. Processing NOC Applications 09/01/20 Except subsections (A)(1)(g) and
for Stationary Sources. (B). Collectively, sections
5.04, 5.06, 5.07, 5.10, 5.13,
and 5.14 replace the permitting
procedures in WAC 173-400-111,
and subsection 5.07(A)(7)
replaces WAC 173-400-110(2)(a).
5.08............................. Portable Sources........... 09/01/20 Except subsection (A)(6).
Section 5.08 replaces WAC 173-
400-036.
5.09............................. Operating Requirements for 09/01/20 Except subsection (C).
Order of Approval and
Permission to Operate.
5.10............................. Changes to an Order of 09/01/20 Collectively, sections 5.04,
Approval or Permission to 5.06, 5.07, 5.10, 5.13, and
Operate. 5.14 replace the permitting
procedures in WAC 173-400-111.
5.11............................. Notice of Startup of a 09/01/20 ................................
Stationary Source or a
Portable Source.
5.12............................. Work Done Without an 09/01/20 ................................
Approval.
5.13............................. Order of Approval 09/01/20 Collectively, sections 5.04,
Construction Time Limits. 5.06, 5.07, 5.10, 5.13, and
5.14 replace the permitting
procedures in WAC 173-400-111.
5.14............................. Appeals.................... 09/01/20 Collectively, sections 5.04,
5.06, 5.07, 5.10, 5.13, and
5.14 replace the permitting
procedures in WAC 173-400-111.
5.15............................. Obligation to Comply....... 09/01/20 ................................
6.04............................. Emission of Air 09/01/20 Subsections (A), (B), (C), and
Contaminant: Detriment to (H) only and excepting
Person or Property. provisions in RCW 70.94.640
(incorporated by reference)
that relate to odor. Subsection
(C) replaces WAC 173-400-
040(6).
[[Page 11209]]
6.05............................. Particulate Matter and 09/01/20 Except subsection (A). Section
Preventing Particulate 6.05 supplements but does not
Matter from Becoming replace WAC 173-400-040(4) and
Airborne. (9).
6.07............................. Emission of Air Contaminant 09/01/20 Section 6.07 replaces WAC 173-
Concealment and Masking 400-040(8).
Restricted.
6.14............................. Standards for Control of 09/01/20 Section 6.14 supplements but
Particulate Matter on does not replace WAC 173-400-
Paved Surfaces. 040(9).
6.15............................. Standards for Control of 09/01/20 Section 6.15 supplements but
Particulate Matter on does not replace WAC 173-400-
Unpaved Roads. 040(9).
----------------------------------------------------------------------------------------------------------------
Table 2 shows the Chapter 173-400 WAC provisions adopted by
reference in Regulation I, subsection 2.14(A)(1) that SRCAA and Ecology
submitted to apply within SRCAA'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 SRCAA 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 ................................
173-400-030...................... Definitions................ 9/16/18 Only the following definitions:
Adverse Impact on Visibility;
Capacity Factor; Class I Area;
Dispersion Technique; Emission
Threshold; Excess Stack Height;
Existing Stationary Facility;
Federal Class I Area; Federal
Land Manager; Fossil Fuel-fired
Steam Generator; General
Process Unit; Greenhouse Gases;
Industrial Furnace; Mandatory
Class I Federal Area; Natural
Conditions; Projected Width;
Reasonably Attributable;
Sulfuric Acid Plant; and Wood
Waste.
173-400-040...................... General Standards for 9/16/18 Except: 173-400-040(2); 173-400-
Maximum Emissions. 040(3); 173-400-040(5); 173-400-
040(6); 173-400-040(8).
173-400-050...................... Emission Standards for 9/16/18 Except: 173-400-050(2); 173-400-
Combustion and 050(4); 173-400-050(5); 173-400-
Incineration Units. 050(6).
173-400-060...................... Emission Standards for 11/25/18 ................................
General Process Units.
173-400-091...................... Voluntary Limits on 4/1/11 9/20/93 version continues to be
Emissions. approved under the authority of
CAA Section 112(l) with respect
to Section 112 hazardous air
pollutants. See 60 FR 28726
(June 2, 1995).
173-400-105...................... Records, Monitoring, and 11/25/18 Except: 173-400-105(3); 173-400-
Reporting. 105(4); 173-400-105(6); 173-400-
105(8).
173-400-112...................... Requirements for New 12/29/12 ................................
Sources in Nonattainment
Areas--Review for
Compliance with
Regulations.
173-400-113...................... New Sources in Attainment 12/29/12 Except: 173-400-113(3), second
or Unclassifiable Areas-- sentence.
Review for Compliance with
Regulations.
173-400-117...................... Special Protection 12/29/12 ................................
Requirements for Federal
Class I Areas.
173-400-118...................... Designation of Class I, II, 12/29/12 ................................
and III Areas.
173-400-131...................... Issuance of Emission 4/1/11 ................................
Reduction Credits.
173-400-136...................... Use of Emission Reduction 4/1/11 ................................
Credits (ERC).
173-400-151...................... Retrofit Requirements for 2/10/05 ................................
Visibility Protection.
173-400-175...................... Public Information......... 2/10/05 ................................
173-400-200...................... Creditable Stack Height and 2/10/05 ................................
Dispersion Techniques.
173-400-560...................... General Order of Approval.. 12/29/12 Except: The part of 173-400-
560(1)(f) that says, ``173-460
WAC''.
[[Page 11210]]
173-400-800...................... Major Stationary Source and 4/1/11 EPA did not review WAC 173-400-
Major Modification in a 800 through 860 for consistency
Nonattainment Area. with the August 24, 2016 PM2.5
implementation rule (81 FR
58010); nor does SRCAA have an
obligation to submit rule
revisions to address the 2016
PM2.5 implementation rule at
this time.
173-400-810...................... Major Stationary Source and 7/1/16 ................................
Major Modification
Definitions.
173-400-820...................... Determining if a New 12/29/12 ................................
Stationary Source or
Modification to a
Stationary Source is
Subject to these
Requirements.
173-400-830...................... Permitting Requirements.... 7/1/16 ................................
173-400-840...................... Emission Offset 7/1/16 ................................
Requirements.
173-400-850...................... Actual Emissions Plantwide 7/1/16 ................................
Applicability.
Limitation (PAL)...........
173-400-860...................... Public Involvement 4/1/11 ................................
Procedures.
----------------------------------------------------------------------------------------------------------------
B. Approved but Not Incorporated by Reference Regulations
As discussed above, we are proposing to approve the following
updates to SRCAA's general provisions for inclusion in 40 CFR
52.2470(e), Table 1--Approved but Not Incorporated by Reference
Regulations: sections 2.01 Powers and Duties of the Board, 2.02 Control
Office's Duties and Powers [section 2.02(E) replaces WAC 173-400-
105(3)], 2.03 Confidential or Proprietary Information, 2.04 Violations
[replaces WAC 173-400-230(1) & (6)], 2.05 Orders and Hearings, 2.06
Appeal of Board Orders [replaces WAC 173-400-250], 2.10 Severability,
2.11 Penalties, Civil Penalties, and Additional Means for Enforcement
[replaces WAC 173-400-230(2) & (3)], and 2.12 Restraining Orders--
Injunctions [replaces WAC 173-400-230(4)]. We also note that SRCAA
adopts by reference WAC 173-400-220 Requirements for Board Members,173-
400-230 Regulatory Actions, 173-400-240 Criminal Penalties, 173-400-250
Appeals, and 173-400-260 Conflict of Interest to apply within its
jurisdiction in the approved but not incorporated by reference section
of the SIP.
C. Regulations To Remove From the SIP
We are proposing to remove from the SIP for SRCAA's jurisdiction
any formerly approved Chapter 173-400 WAC provisions which are replaced
by local agency corollaries as described above. We are also proposing
to remove WAC 173-400-100 Registration from the SIP for SRCAA's
jurisdiction because it is not a required SIP element as described
above in the discussion of Article IV. Lastly, we are proposing to
remove the outdated and subsequently repealed Regulation II, section
4.01 because these requirements were replaced by SRCAA's adoption by
reference of WAC 173-400-050 and WAC 173-400-060.\10\
---------------------------------------------------------------------------
\10\ See ``Repeal of Regulation II, Section 4.01'' included in
the docket.
---------------------------------------------------------------------------
D. Scope of Proposed Action
This proposed revision to the SIP applies specifically to the SRCAA
jurisdiction incorporated into the SIP at 40 CFR 52.2470(c)--Table 9.
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,
SRCAA 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, SRCAA 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, as
previously discussed. Therefore, the EPA is not approving into 40 CFR
52.2470(c)--Table 9 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 be subject to major NNSR under
the applicability provisions of WAC 173-400-800, adopted by reference,
we are proposing that SRCAA 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 SRCAA's jurisdiction.
Lastly, this SIP revision is not approved to apply on any Indian
reservation land within Spokane County 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.
IV. 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
III.A of this document. Regulations to Approve and Incorporate by
Reference into the SIP and the rules proposed for removal from the SIP
in section III.C. Regulations to Remove from the SIP of this document.
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
[[Page 11211]]
INFORMATION CONTACT section of this preamble for more information).
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the 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);
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 within Spokane county, or any other area where the
EPA or an Indian tribe has demonstrated that a tribe has jurisdiction
as described above in section III.D of this document. 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.
Dated: February 9, 2021.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.
[FR Doc. 2021-03035 Filed 2-23-21; 8:45 am]
BILLING CODE 6560-50-P
