Air Plan Approval; Washington; Southwest Clean Air Agency, General Air Quality Regulations, 49398-49402 [2023-15750]
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49398
Federal Register / Vol. 88, No. 145 / Monday, July 31, 2023 / Proposed Rules
ENVIRONMENTAL PROTECTION
AGENCY
Avenue—Suite 155, Seattle, WA 98101,
at (206) 553–0256, or hunt.jeff@epa.gov.
40 CFR Part 52
Table of Contents
[EPA–R10–OAR–2023–0342: FRL–11155–
01–R10]
Air Plan Approval; Washington;
Southwest Clean Air Agency, General
Air Quality Regulations
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
revisions to the Washington State
Implementation Plan (SIP) that were
submitted on June 22, 2023, by the
Department of Ecology (Ecology) in
coordination with the Southwest Clean
Air Agency (SWCAA). In 2017, the EPA
approved a comprehensive update to
SWCAA 400 General Regulations for Air
Pollution Sources in the SIP, which
includes new source review permitting
requirements as well as other general
requirements for sources regulated
under SWCAA’s jurisdiction. In this
action, the EPA proposes to approve
minor updates to SWCAA 400
promulgated since our comprehensive
approval in 2017.
DATES: Comments must be received on
or before August 30, 2023.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R10–
OAR–2023–0342 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
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SUMMARY:
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I. Background for Proposed Action
A. WSR 17–11–078—Consolidated Fee
Schedule
B. WSR 20–06–003—Adoption of Federal
Rules
C. WSR 21–17–054—Revised Statutory
Citation and Other Miscellaneous
Revisions
II. The EPA’s Proposed Action
A. Regulations To Approve and
Incorporate by Reference Into the SIP
B. Approved but Not Incorporated by
Reference Regulations
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. Background for Proposed Action
On April 10, 2017, the EPA approved
a comprehensive update of SWCAA 400
General Regulations for Air Pollution
Sources in the SIP (82 FR 17136). Under
the Washington Clean Air Act, local
clean air agencies may adopt equally
stringent or more stringent requirements
to apply in lieu of Ecology’s statewide
general air quality regulations for
sources regulated under the local
agency’s jurisdiction, if they so choose.1
SWCAA’s jurisdiction consists of Clark,
Cowlitz, Lewis, Skamania, and
Wahkiakum counties, with certain
exceptions. By statute, SWCAA does not
have authority for sources under the
jurisdiction of the Energy Facility Site
Evaluation Council (EFSEC). See
Revised Code of Washington Chapter
80.50. Under the applicability
provisions of Washington
Administrative Code (WAC) 173–405–
012, 173–410–012, and 173–415–012,
SWCAA 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 permits under the Prevention
of Significant Deterioration (PSD)
program for major stationary sources in
attainment areas. Lastly, SWCAA does
not have jurisdiction on Indian
reservations and any other area where
the EPA or an Indian tribe has
demonstrated that a tribe has
jurisdiction. The regulations approved
and incorporated by reference into the
SIP for SWCAA’s specific jurisdiction
can be found at 40 CFR 52.2470(c),
Table 8—Additional Regulations
Approved for the Southwest Clean Air
Agency (SWCAA) Jurisdiction.
The version of SWCAA 400 approved
in the SIP includes updates
promulgated by SWCAA effective as of
1 See proposed rulemaking 82 FR 6413 (January
19, 2017).
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October 9, 2016. SWCAA subsequently
promulgated updates to SWCAA 400
effective June 18, 2017, March 21, 2020,
and September 10, 2021. Detailed
redline/strikeout versions of the
regulatory changes are included in the
docket under Washington State Register
(WSR) documents WSR 17–11–078,
WSR 20–06–003, and WSR 21–17–054.
In addition, the EPA’s evaluation of
each WSR document is included in the
docket. A summary of the major changes
is discussed below.
A. WSR 17–11–078—Consolidated Fee
Schedule
Effective June 18, 2017, SWCAA made
minor rule changes and consolidated all
fees into a single Consolidated Fee
Schedule to make it easier for affected
parties to locate applicable fees.
SWCAA also removed specific fees in
individual sections of SWCAA 400,
instead redirecting the reader to consult
the Consolidated Fee Schedule. Four
sections of SWCAA 400 in the currently
approved SIP are affected by this
change: SWCAA 400–036 Portable
Sources from Other Washington
Jurisdictions, SWCAA 400–072 Small
Unit Notification for Selected Source
Categories, SWCAA 400–074 Gasoline
Transport Tanker Registration, and
SWCAA 400–109 Air Discharge Permit
Applications.2 From an EPA approval
standpoint, the consolidation of fees
and removal of fee amounts from
individual sections is not a significant
change. In our comprehensive 2017
update of the SIP, we already excluded
the fee provisions of SWCAA 400–
074(2) and 400–109(4) noting that while
the EPA reviews these submissions to
confirm adequate authority, the EPA
generally does not include local or state
agency fees as part of the Washington
SIP incorporated by reference in 40 CFR
52.2470(c).3 Therefore, we are proposing
to approve the minor changes to
SWCAA 400–036, 400–072, 400–074,
and 400–109 removing specific fee
amounts and referring the reader to the
Consolidated Fee Schedule.4
B. WSR 20–06–003—Adoption of
Federal Rules
Effective July 1, 2016, Ecology
promulgated WAC 173–400–025
Adoption by Reference, establishing a
single adoption by reference date for all
2 See ‘‘wsr_17-11-078_review.pdf’’ included in
the docket.
3 See 82 FR 6413 (January 19, 2017) at page 6416
and 6418.
4 SWCAA subsequently revised section 400–072,
effective March 21, 2020, discussed in section I.B
of this document. SWCAA also subsequently
revised sections 400–036, 400–072, and 400–109,
effective September 10, 2021, discussed in section
I.C of this document.
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Federal Register / Vol. 88, No. 145 / Monday, July 31, 2023 / Proposed Rules
Federal rules cited in WAC 173–400
General Regulations for Air Pollution
Sources. As part of the same revision
package, Ecology modified other
sections of WAC 173–400 removing
specific Federal rule adoption dates,
instead cross-referencing WAC 173–
400–025. The EPA approved these
revisions on October 6, 2016 (81 FR
69385) with a subsequent update to
WAC 173–400–025 approved on
February 24, 2020 (85 FR 10302).
Effective March 21, 2020, SWCAA
promulgated SWCAA 400–025
Adoption of Federal Rules, mirroring
Ecology’s approach. The revision also
amends the following sections to
remove specific Federal rule adoption
dates and instead cross-reference the
adoption date in SWCAA 400–025:
SWCAA 400–050 Emission Standards
for Combustion and Incineration Units,
SWCAA 400–060 Emission Standards
for General Process Units, SWCAA 400–
072 Small Unit Notification for Selected
Source Categories, SWCAA 400–105
Records, Monitoring and Reporting,
SWCAA 400–106 Emission Testing and
Monitoring at Air Contaminant Sources,
SWCAA 400–110 Application Review
Process for Stationary Sources (New
Source Review), SWCAA 400–111
Requirements for New Sources in a
Maintenance Plan Area, SWCAA 400–
171 Public Involvement, SWCAA 400–
850 Actual Emissions—Plantwide
Applicability Limitation (PAL), and
Appendix A SWCAA Method 9 Visual
Opacity Determination Method.
We are proposing to approve SWCAA
400–025, which establishes a Federal
rule adoption date for citations in
SWCAA 400. We are also proposing to
approve the minor revisions described
above to SWCAA 400–050, 400–060,
400–072, 400–105, 400–106, 400–110,
400–111, 400–171, 400–850, and
Appendix A, which refer the reader to
SWCAA 400–025.5 Our proposed
approval of these revised sections is
subject to the same exclusions cited in
our comprehensive 2017 approval and
codified in the current approved SIP at
40 CFR 52.2470(c), Table 8, with one
exception. As part of the update to
SWCAA 400–050, the agency added a
new subsection (7) related to hospital,
medical, and infectious waste
incinerators regulated under 40 CFR
part 62, subpart HHH, which is outside
the scope of the SIP and was not
submitted for approval. Therefore, we
are proposing to revise the exclusions in
40 CFR 52.2470(c), Table 8, to note that
5 SWCAA subsequently revised sections 400–025,
400–050, 400–072, 400–105, 400–110, 400–111, and
400–171 as part of WSR 21–17–054, effective
September 10, 2021, discussed in section I.C. of this
document.
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SWCAA 400–050(7) is excluded from
the approved SIP.
C. WSR 21–17–054—Revised Statutory
Citation and Other Miscellaneous
Revisions
WSR 21–17–054, effective September
10, 2021, contains numerous revisions
to SWCAA 400. Many of the revisions
were to sections outside the scope of the
SIP, such as SWCAA 400–075 Emission
Standards for Stationary Sources
Emitting Hazardous Air Pollutants.
Other changes to SWCAA 400 were
submitted as part of a separate SIP
revision request, which we will take
action on in a separate rulemaking.
Sections proposed for approval in this
action are SWCAA 400–025 Adoption of
Federal Rules, SWCAA 400–030
Definitions, SWCAA 400–036 Portable
Sources From Other Washington
Jurisdictions, SWCAA 400–050
Emission Standards for Combustion and
Incineration Units, SWCAA 400–072
Small Unit Notification for Selected
Source Categories, SWCAA 400–091
Voluntary Limits on Emissions, SWCAA
400–105 Records, Monitoring and
Reporting, SWCAA 400–106 Emission
Testing and Monitoring at Air
Contaminant Sources, SWCAA 400–109
Air Discharge Permit Applications,
SWCAA 400–110 Application Review
Process for Stationary Sources (New
Source Review), SWCAA 400–111
Requirements for New Sources in a
Maintenance Plan Area, SWCAA 400–
112 Requirements for New Sources in
Nonattainment Areas, SWCAA 400–113
Requirements for New Sources in
Attainment or Nonclassifiable Areas,
SWCAA 400–114 Requirements for
Replacement or Substantial Alteration
of Emission Control Technology at an
Existing Stationary Source, SWCAA
400–136 Maintenance of Emission
Reduction Credits in Bank, SWCAA
400–151 Retrofit Requirements for
Visibility Protection, SWCAA 400–171
Public Involvement, SWCAA 400–230
Regulatory Actions and Civil Penalties,
SWCAA 400–240 Criminal Penalties,
SWCAA 400–260 Conflict of Interest,
SWCAA 400–270 Confidentiality of
Records and Information, SWCAA 400–
280 Powers of Agency, and SWCAA
400–810 Major Stationary Source and
Major Modification Definitions.
Most of the changes proposed for
approval in this action are
administrative or clarifying in nature.
Effective June 11, 2020, the state
legislature recodified the Washington
Clean Air Act from Revised Code of
Washington (RCW) 70.94 to RCW
70A.15. Local air agencies were
encouraged to update affected rules to
reflect new statutory references by July
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49399
1, 2025. This was the sole change
affecting SWCAA sections 400–091,
400–112, 400–113, 400–136, 400–230,
400–240, and 400–270. In addition to
the recodification, SWCAA made other
generally minor changes. A
comprehensive redline/strikeout version
of WSR 21–17–054 is included in the
docket for this action, as well as the
EPA’s analysis of the revisions proposed
for approval in this action. Listed below
is a summary of the most significant
changes:
• In section 400–025, SWCAA
updated the adoption by reference date
for Federal regulations cited in other
sections of SWCAA 400.
• In section 400–030, SWCAA added
a definition for ‘‘diesel,’’ made
clarifying edits to the definitions for
‘‘distillate oil’’ and ‘‘new source’’ and
revised the definition of ‘‘volatile
organic compound’’ to match the
Federal definition in 40 CFR 51.100(s)
effective at the time.6 We note that in
our 2017 approval of section 400–030,
SWCAA did not submit, and the EPA
did not approve subsection (129) ‘‘Toxic
air pollutant’’ because the regulation of
toxic air pollutants is outside the scope
of Clean Air Act (CAA) section 110
requirements for SIPs. With the addition
of a new definition for ‘‘diesel’’ as
subsection (33), subsection (129) is now
renumbered to (130). We propose to
revise the exclusions in 40 CFR
52.2470(c), Table 8, to reflect this
change.
• In section 400–036, SWCAA revised
requirements for relocation noticing and
emission unit registration, adding a
provision that portable sources must
provide relocation notice upon
departure from SWCAA’s jurisdiction.
• In section 400–050, SWCAA made
minor revisions to subsections (1), (2),
and (4). Subsections (3), (5), (6), and (7)
are excluded from the current SIP, and
SWCAA’s submittal requests the EPA
retain these exclusions.
• In section 400–072, SWCAA made
minor clarifying revisions to the
introductory text, as well as to
subsections (1), (2), (4), (5)(c), (5)(d), and
(5)(e). SWCAA also revised the
applicability of subsection (5)(d) from
dry cleaning facilities that use
petroleum to any dry cleaning facility
that uses a solvent other than
perchloroethylene. We are proposing to
approve the minor updates to SWCAA
6 On February 8, 2023 (88 FR 8226), the EPA
revised the definition of Volatile Organic
Compounds to exclude (2E)-1,1,1,4,4,4–
hexafluorobut-2-ene (HFO1336mzz(E)). Because the
revisions EPA is acting on in this action do not
include exclusion of this compound, SWCAA’s
SIP–approved definition is more stringent than the
Federal definition, which is acceptable.
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Federal Register / Vol. 88, No. 145 / Monday, July 31, 2023 / Proposed Rules
400–072 subject to the same exclusions
as our comprehensive 2017 update, with
one exception. In consultation with the
EPA, Ecology and SWCAA did not
submit revisions to subsection (5)(b) as
part of this SIP revision package. In the
interim, the EPA will retain the version
of subsection (5)(b) approved as part of
our comprehensive 2017 update.
• In section 400–105, SWCAA made
minor clarifying edits and added a
separate emission inventory submittal
deadline for gasoline stations.
• In section 400–106, SWCAA made
minor revisions to the source testing
requirements in subsection (1).7
• In section 400–109, SWCAA added
an application procedure for permit
extensions in subsection (2)(f) and made
minor clarifying edits to other
subsections.
• In section 400–110, SWCAA added
a new subsection (2)(e) with
presumptive application withdrawal
provisions, added a new subsection
(4)(d) clarifying supersession of
previous permits in new permitting
actions, revised subsection (6)(d) to add
a reference to the portable source
provisions in SWCAA 400–036, added a
new subsection (12)(b) providing
notification and public involvement
requirements for reopening for cause
actions, and made other clarifying edits.
• In section 400–111, SWCAA made
minor administrative edits to update
citations and add quotation marks
around the defined term ‘‘emission
unit’’ to match the formatting of other
defined terms.
• In section 400–114, SWCAA added
a new subsection (2)(b) providing
SWCAA with authority to require the
owner or operator to employ a level of
emission control equivalent to the
existing emission control technology
when replacing or substantially altering
controls, as well as minor
administrative edits. SWCAA also
added a cross reference to ‘‘T–RACT’’
for the regulation of toxic air pollutants
which is outside the scope of the SIP.
• In section 400–151, SWCAA made
a minor edit to define the acronym
‘‘BART,’’ which stands for ‘‘Best
Available Retrofit Technology.’’
• In section 400–171, SWCAA made
minor clarifying edits to the public
notice and application notice
provisions.
• In section 400–260, SWCAA made
clarifying edits including a cross
reference to the Federal conflict of
interest requirements of Clean Air Act
section 128.
• In section 400–280, SWCAA
updated and standardized citations for
other Revised Code of Washington
statutory provisions, in addition to the
recodification of the Washington Clean
Air Act discussed above.
• In section 400–810, SWCAA
corrected internal cross-citations to the
definitions.
II. 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 8—Additional Regulations
Approved for the Southwest Clean Air
Agency (SWCAA) Jurisdiction, the
updated SWCAA regulations listed in
the table below for sources within
SWCAA’s jurisdiction. The EPA is also
proposing a minor change to the
applicability subheading in 40 CFR
52.2470(c)—Table 8 to more clearly
reflect jurisdiction for issuing permits
under the PSD program. Our
comprehensive 2017 approval stated
that Ecology retained statewide, direct
jurisdiction for PSD permitting for all
major stationary sources not otherwise
regulated by EFSEC.8 However, we
neglected to include this clarification to
the applicability subheading consistent
with other recent approvals in
Washington State.9 Therefore, we are
proposing to add this clarification.
UPDATED SOUTHWEST CLEAN AIR AGENCY REGULATIONS
[Applicable in Clark, Cowlitz, Lewis, Skamania and Wahkiakum counties, excluding facilities subject to Energy Facilities Site Evaluation Council
(EFSEC) jurisdiction; facilities subject to the Washington Department of Ecology’s direct jurisdiction under Chapters 173–405, 173–410, and
173–415 Washington Administrative Code (WAC); Indian reservations; any other area where the EPA or an Indian tribe has demonstrated
that a tribe has jurisdiction; and the Prevention of Significant Deterioration (PSD) permitting of facilities subject to the applicability sections of
WAC 173–400–700.]
State/local
citation
State/local
effective date
Title/subject
Explanation
SWCAA 400—General Regulations for Air Pollution Sources
400–025 .........
400–030 .........
400–036 .........
400–050 .........
400–060 .........
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400–072 .........
400–074
400–091
400–105
400–106
.........
.........
.........
.........
400–109 .........
Adoption of Federal Rules .......................
Definitions .................................................
Portable Sources From Other Washington Jurisdictions.
Emission Standards for Combustion and
Incineration Units.
Emission Standards for General Process
Units.
Small Unit Notification for Selected
Source Categories.
Gasoline Transport Tanker Registration ..
Voluntary Limits on Emissions .................
Records, Monitoring and Reporting .........
Emission Testing and Monitoring at Air
Contaminant Sources.
Air Discharge Permit Applications ............
7 EPA’s proposed approval of changes to sections
400–106, 400–109, 400–110, and 400–111 is subject
to the same exclusions identified in our
comprehensive 2017 update and codified in the
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9/10/21
9/10/21
9/10/21
Except: 400–030(21) and (130).
9/10/21
Except: 400–050(3); 400–050(5); 400–050(6); and 400–050(7).
3/21/20
9/10/21
6/18/17
9/10/21
9/10/21
9/10/21
9/10/21
Except: 400–072(5)(a)(ii)(B); 400–072(5)(d)(ii)(B); 400–
072(5)(d)(iii)(A); 400–072(5)(d)(iii)(B); all reporting requirements
related to toxic air pollutants; and 400–072(5)(b), which EPA
previously approved with a state-effective date of October 9,
2016.
Except: 400–074(2).
Except: Reporting requirements related to toxic air pollutants.
Except: 400–106(1)(d) through (g); and 400–106(2).
Except: The toxic air pollutant emissions thresholds contained in
400–109(3)(d); 400–109(3)(e)(ii); and 400–109(4).
current approved SIP at 40 CFR 52.2470(c), Table
8.
8 See 82 FR 17136 (April 10, 2017) at page 17138.
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9 See 80 FR 23721 (April 29, 2015), 85 FR 22355
(April 22, 2020), 85 FR 36154 (June 15, 2020), and
86 FR 24718 (May 10, 2021).
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49401
UPDATED SOUTHWEST CLEAN AIR AGENCY REGULATIONS—Continued
[Applicable in Clark, Cowlitz, Lewis, Skamania and Wahkiakum counties, excluding facilities subject to Energy Facilities Site Evaluation Council
(EFSEC) jurisdiction; facilities subject to the Washington Department of Ecology’s direct jurisdiction under Chapters 173–405, 173–410, and
173–415 Washington Administrative Code (WAC); Indian reservations; any other area where the EPA or an Indian tribe has demonstrated
that a tribe has jurisdiction; and the Prevention of Significant Deterioration (PSD) permitting of facilities subject to the applicability sections of
WAC 173–400–700.]
State/local
citation
Title/subject
400–110 .........
Application Review Process for Stationary Sources (New Source Review).
Requirements for New Sources in a
Maintenance Plan Area.
Requirements for New Sources in Nonattainment Areas.
Requirements for New Sources in Attainment or Nonclassifiable Areas.
Requirements for Replacement or Substantial Alteration of Emission Control
Technology at an Existing Stationary
Source.
Maintenance of Emission Reduction
Credits in Bank.
Retrofit Requirements for Visibility Protection.
Public Involvement ...................................
Conflict of Interest ....................................
Major Stationary Source and Major Modification Definitions.
Actual Emissions—Plantwide Applicability
Limitation (PAL).
SWCAA Method 9 Visual Opacity Determination Method.
400–111 .........
400–112 .........
400–113 .........
400–114 .........
400–136 .........
400–151 .........
400–171 .........
400–260 .........
400–810 .........
400–850 .........
Appendix A ....
B. Approved but Not Incorporated by
Reference Regulations
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In addition to the regulations
proposed for approval and
incorporation by reference in section
II.A of this document, 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 so as to avoid potential
conflict with the EPA’s independent
authorities. We are proposing to
approve revisions, effective September
10, 2021, to SWCAA sections 400–230,
400–240, 400–270, and 400–280 in 40
CFR 52.2470(e), EPA Approved
Nonregulatory Provisions and QuasiRegulatory Measures, as approved but
not incorporated by reference regulatory
provisions.
III. Incorporation by Reference
In this document, the EPA is
proposing to include in a final rule
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is proposing to
incorporate by reference the updated
regulations identified in the table in
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State/local
effective date
Explanation
9/10/21
Except: 400–110(1)(d).
9/10/21
Except: 400–111(7).
9/10/21
Except: 400–112(6).
9/10/21
Except: 400–113(5).
9/10/21
9/10/21
9/10/21
9/10/21
9/10/21
9/10/21
Except: 400–171(2)(a)(xii).
3/21/20
3/21/20
section II.A and discussed in Section I.
of this document. The EPA has made,
and will continue to make, these
documents generally available through
https://www.regulations.gov and at the
EPA Region 10 Office (please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
IV. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Clean Air Act and
applicable Federal regulations. 42
U.S.C. 7410(k); 40 CFR 52.02(a). Thus,
in reviewing SIP submissions, EPA’s
role is to approve state choices,
provided that they meet the criteria of
the Clean Air Act. Accordingly, this
action merely approves state law as
meeting Federal requirements and does
not impose additional requirements
beyond those imposed by state law. For
that reason, this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 14094 (88 FR
21879, April 11, 2023);
• Does not impose an information
collection burden under the provisions
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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 subject to Executive Order
13045 (62 FR 19885, April 23, 1997)
because it approves a state program;
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001); and
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act.
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
E:\FR\FM\31JYP1.SGM
31JYP1
49402
Federal Register / Vol. 88, No. 145 / Monday, July 31, 2023 / Proposed Rules
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
Executive Order 12898 (Federal
Actions to Address Environmental
Justice in Minority Populations and
Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal
agencies to identify and address
‘‘disproportionately high and adverse
human health or environmental effects’’
of their actions on minority populations
and low-income populations to the
greatest extent practicable and
permitted by law. EPA defines
environmental justice (EJ) as ‘‘the fair
treatment and meaningful involvement
of all people regardless of race, color,
national origin, or income with respect
to the development, implementation,
and enforcement of environmental laws,
regulations, and policies.’’ EPA further
defines the term fair treatment to mean
that ‘‘no group of people should bear a
disproportionate burden of
environmental harms and risks,
including those resulting from the
negative environmental consequences of
industrial, governmental, and
commercial operations or programs and
policies.’’
The Southwest Clean Air Agency did
not evaluate environmental justice
considerations as part of its SIP
submittal; the CAA and applicable
implementing regulations neither
prohibit nor require such an evaluation.
EPA did not perform an EJ analysis and
did not consider EJ in this action. Due
to the nature of the action being taken
here, this action is expected to have a
neutral to positive impact on the air
quality of the affected area.
Consideration of EJ is not required as
part of this action, and there is no
information in the record inconsistent
with the stated goal of E.O. 12898 of
achieving environmental justice for
people of color, low-income
populations, and Indigenous peoples.
ddrumheller on DSK120RN23PROD with PROPOSALS1
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: July 20, 2023.
Casey Sixkiller,
Regional Administrator, Region 10.
[FR Doc. 2023–15750 Filed 7–28–23; 8:45 am]
BILLING CODE 6560–50–P
VerDate Sep<11>2014
16:48 Jul 28, 2023
Jkt 259001
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 63
[EPA–HQ–OAR–2002–0083; FRL–5919.1–
01–OAR]
RIN 2060–AV82
National Emission Standards for
Hazardous Air Pollutants: Integrated
Iron and Steel Manufacturing Facilities
Technology Review
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The U.S. Environmental
Protection Agency (EPA) is proposing
amendments to the National Emission
Standards for Hazardous Air Pollutants
(NESHAP) for Integrated Iron and Steel
Manufacturing Facilities, as required by
the Clean Air Act (CAA). To complete
the required CAA section 112(d)(6)
technology review promulgated on July
13, 2020, the EPA is proposing
standards to regulate HAP emissions
from five unmeasured fugitive and
intermittent particulate (UFIP) sources,
some of which are also referred to as
‘‘fugitive’’ sources, that are currently not
regulated by the NESHAP, as follows:
Bell Leaks, Unplanned Bleeder Valve
Openings, Planned Bleeder Valve
Openings, Slag Pits, and Beaching. Also,
for sinter plants we are proposing
standards for the following five
currently unregulated HAP: carbonyl
sulfide (COS), carbon disulfide (CS2),
mercury (Hg), hydrochloric acid (HCl),
and hydrogen fluoride (HF); for blast
furnace (BF) stoves and basic oxygen
process furnaces (BOPFs), we are
proposing standards for the following
three unregulated pollutants: total
hydrocarbons (THC), HCl, and dioxins/
furans (D/F); and for BFs, we are
proposing standards for the following
two unregulated pollutants: THC and
HCl. As an update to the technology
review, we are proposing to revise the
current BOPF shop fugitive 20 percent
opacity limit to a 5 percent opacity limit
and require specific work practices;
revise the current BF casthouse fugitive
20 percent opacity limit to a 5 percent
opacity limit; and revise the current
standards for D/F and polycyclic
hydrocarbon (PAH) for sinter plants. We
are also proposing a fenceline
monitoring requirement for chromium
(Cr), including a requirement that if a
monitor exceeds the proposed Cr action
level, the facility will need to conduct
a root cause analysis and take corrective
action to lower emissions. We solicit
comments on all aspects of this
proposed action.
SUMMARY:
PO 00000
Frm 00047
Fmt 4702
Sfmt 4702
Comments. Comments must be
received on or before September 14,
2023. Under the Paperwork Reduction
Act (PRA), comments on the
information collection provisions are
best assured of consideration if the
Office of Management and Budget
(OMB) receives a copy of your
comments on or before August 30, 2023.
Public hearing: If anyone contacts us
requesting a public hearing on or before
August 7, 2023 by 5:00 p.m. Eastern
Time (ET), we will hold a virtual public
hearing. See SUPPLEMENTARY
INFORMATION for information on
requesting and registering for a public
hearing.
DATES:
You may send comments,
identified by Docket ID No. EPA–HQ–
OAR–2002–0083, by any of the
following methods:
• Federal eRulemaking Portal:
https://www.regulations.gov/ (our
preferred method). Follow the online
instructions for submitting comments.
• Email: a-and-r-docket@epa.gov.
Include Docket ID No. EPA–HQ–OAR–
2002–0083 in the subject line of the
message.
• Fax: (202) 566–9744. Attention
Docket ID No. EPA–HQ–OAR–2002–
0083.
• Mail: U.S. Environmental
Protection Agency, EPA Docket Center,
Docket ID No. EPA–HQ–OAR–2002–
0083, Mail Code 28221T, 1200
Pennsylvania Avenue NW, Washington,
DC 20460.
• Hand/Courier Delivery: EPA Docket
Center, WJC West Building, Room 3334,
1301 Constitution Avenue NW,
Washington, DC 20004. The Docket
Center’s hours of operation are 8:30
a.m.–4:30 p.m., Monday–Friday (except
Federal holidays).
Instructions: All submissions received
must include the Docket ID No. for this
rulemaking. Comments received may be
posted without change to https://
www.regulations.gov/, including any
personal information provided. For
detailed instructions on sending
comments and additional information
on the rulemaking process, see the
SUPPLEMENTARY INFORMATION section of
this document.
FOR FURTHER INFORMATION CONTACT: For
questions about this proposed action,
contact Phil Mulrine, Sector Policies
and Programs Division (D243–02),
Office of Air Quality Planning and
Standards, U.S. Environmental
Protection Agency, Research Triangle
Park, North Carolina 27711; telephone
number: (919) 541–5289; and email
address: mulrine.phil@epa.gov.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
E:\FR\FM\31JYP1.SGM
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]]>Agencies
[Federal Register Volume 88, Number 145 (Monday, July 31, 2023)]
[Proposed Rules]
[Pages 49398-49402]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15750]
[[Page 49398]]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2023-0342: FRL-11155-01-R10]
Air Plan Approval; Washington; Southwest Clean Air Agency,
General Air Quality Regulations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to the Washington State Implementation Plan (SIP)
that were submitted on June 22, 2023, by the Department of Ecology
(Ecology) in coordination with the Southwest Clean Air Agency (SWCAA).
In 2017, the EPA approved a comprehensive update to SWCAA 400 General
Regulations for Air Pollution Sources in the SIP, which includes new
source review permitting requirements as well as other general
requirements for sources regulated under SWCAA's jurisdiction. In this
action, the EPA proposes to approve minor updates to SWCAA 400
promulgated since our comprehensive approval in 2017.
DATES: Comments must be received on or before August 30, 2023.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2023-0342 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].
Table of Contents
I. Background for Proposed Action
A. WSR 17-11-078--Consolidated Fee Schedule
B. WSR 20-06-003--Adoption of Federal Rules
C. WSR 21-17-054--Revised Statutory Citation and Other
Miscellaneous Revisions
II. The EPA's Proposed Action
A. Regulations To Approve and Incorporate by Reference Into the
SIP
B. Approved but Not Incorporated by Reference Regulations
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. Background for Proposed Action
On April 10, 2017, the EPA approved a comprehensive update of SWCAA
400 General Regulations for Air Pollution Sources in the SIP (82 FR
17136). Under the Washington Clean Air Act, local clean air agencies
may adopt equally stringent or more stringent requirements to apply in
lieu of Ecology's statewide general air quality regulations for sources
regulated under the local agency's jurisdiction, if they so choose.\1\
SWCAA's jurisdiction consists of Clark, Cowlitz, Lewis, Skamania, and
Wahkiakum counties, with certain exceptions. By statute, SWCAA does not
have authority for sources under the jurisdiction of the Energy
Facility Site Evaluation Council (EFSEC). See Revised Code of
Washington Chapter 80.50. Under the applicability provisions of
Washington Administrative Code (WAC) 173-405-012, 173-410-012, and 173-
415-012, SWCAA 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 permits under the Prevention
of Significant Deterioration (PSD) program for major stationary sources
in attainment areas. Lastly, SWCAA does not have jurisdiction on Indian
reservations and any other area where the EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. The regulations approved
and incorporated by reference into the SIP for SWCAA's specific
jurisdiction can be found at 40 CFR 52.2470(c), Table 8--Additional
Regulations Approved for the Southwest Clean Air Agency (SWCAA)
Jurisdiction.
---------------------------------------------------------------------------
\1\ See proposed rulemaking 82 FR 6413 (January 19, 2017).
---------------------------------------------------------------------------
The version of SWCAA 400 approved in the SIP includes updates
promulgated by SWCAA effective as of October 9, 2016. SWCAA
subsequently promulgated updates to SWCAA 400 effective June 18, 2017,
March 21, 2020, and September 10, 2021. Detailed redline/strikeout
versions of the regulatory changes are included in the docket under
Washington State Register (WSR) documents WSR 17-11-078, WSR 20-06-003,
and WSR 21-17-054. In addition, the EPA's evaluation of each WSR
document is included in the docket. A summary of the major changes is
discussed below.
A. WSR 17-11-078--Consolidated Fee Schedule
Effective June 18, 2017, SWCAA made minor rule changes and
consolidated all fees into a single Consolidated Fee Schedule to make
it easier for affected parties to locate applicable fees. SWCAA also
removed specific fees in individual sections of SWCAA 400, instead
redirecting the reader to consult the Consolidated Fee Schedule. Four
sections of SWCAA 400 in the currently approved SIP are affected by
this change: SWCAA 400-036 Portable Sources from Other Washington
Jurisdictions, SWCAA 400-072 Small Unit Notification for Selected
Source Categories, SWCAA 400-074 Gasoline Transport Tanker
Registration, and SWCAA 400-109 Air Discharge Permit Applications.\2\
From an EPA approval standpoint, the consolidation of fees and removal
of fee amounts from individual sections is not a significant change. In
our comprehensive 2017 update of the SIP, we already excluded the fee
provisions of SWCAA 400-074(2) and 400-109(4) noting that while the EPA
reviews these submissions to confirm adequate authority, the EPA
generally does not include local or state agency fees as part of the
Washington SIP incorporated by reference in 40 CFR 52.2470(c).\3\
Therefore, we are proposing to approve the minor changes to SWCAA 400-
036, 400-072, 400-074, and 400-109 removing specific fee amounts and
referring the reader to the Consolidated Fee Schedule.\4\
---------------------------------------------------------------------------
\2\ See ``wsr_17-11-078_review.pdf'' included in the docket.
\3\ See 82 FR 6413 (January 19, 2017) at page 6416 and 6418.
\4\ SWCAA subsequently revised section 400-072, effective March
21, 2020, discussed in section I.B of this document. SWCAA also
subsequently revised sections 400-036, 400-072, and 400-109,
effective September 10, 2021, discussed in section I.C of this
document.
---------------------------------------------------------------------------
B. WSR 20-06-003--Adoption of Federal Rules
Effective July 1, 2016, Ecology promulgated WAC 173-400-025
Adoption by Reference, establishing a single adoption by reference date
for all
[[Page 49399]]
Federal rules cited in WAC 173-400 General Regulations for Air
Pollution Sources. As part of the same revision package, Ecology
modified other sections of WAC 173-400 removing specific Federal rule
adoption dates, instead cross-referencing WAC 173-400-025. The EPA
approved these revisions on October 6, 2016 (81 FR 69385) with a
subsequent update to WAC 173-400-025 approved on February 24, 2020 (85
FR 10302).
Effective March 21, 2020, SWCAA promulgated SWCAA 400-025 Adoption
of Federal Rules, mirroring Ecology's approach. The revision also
amends the following sections to remove specific Federal rule adoption
dates and instead cross-reference the adoption date in SWCAA 400-025:
SWCAA 400-050 Emission Standards for Combustion and Incineration Units,
SWCAA 400-060 Emission Standards for General Process Units, SWCAA 400-
072 Small Unit Notification for Selected Source Categories, SWCAA 400-
105 Records, Monitoring and Reporting, SWCAA 400-106 Emission Testing
and Monitoring at Air Contaminant Sources, SWCAA 400-110 Application
Review Process for Stationary Sources (New Source Review), SWCAA 400-
111 Requirements for New Sources in a Maintenance Plan Area, SWCAA 400-
171 Public Involvement, SWCAA 400-850 Actual Emissions--Plantwide
Applicability Limitation (PAL), and Appendix A SWCAA Method 9 Visual
Opacity Determination Method.
We are proposing to approve SWCAA 400-025, which establishes a
Federal rule adoption date for citations in SWCAA 400. We are also
proposing to approve the minor revisions described above to SWCAA 400-
050, 400-060, 400-072, 400-105, 400-106, 400-110, 400-111, 400-171,
400-850, and Appendix A, which refer the reader to SWCAA 400-025.\5\
Our proposed approval of these revised sections is subject to the same
exclusions cited in our comprehensive 2017 approval and codified in the
current approved SIP at 40 CFR 52.2470(c), Table 8, with one exception.
As part of the update to SWCAA 400-050, the agency added a new
subsection (7) related to hospital, medical, and infectious waste
incinerators regulated under 40 CFR part 62, subpart HHH, which is
outside the scope of the SIP and was not submitted for approval.
Therefore, we are proposing to revise the exclusions in 40 CFR
52.2470(c), Table 8, to note that SWCAA 400-050(7) is excluded from the
approved SIP.
---------------------------------------------------------------------------
\5\ SWCAA subsequently revised sections 400-025, 400-050, 400-
072, 400-105, 400-110, 400-111, and 400-171 as part of WSR 21-17-
054, effective September 10, 2021, discussed in section I.C. of this
document.
---------------------------------------------------------------------------
C. WSR 21-17-054--Revised Statutory Citation and Other Miscellaneous
Revisions
WSR 21-17-054, effective September 10, 2021, contains numerous
revisions to SWCAA 400. Many of the revisions were to sections outside
the scope of the SIP, such as SWCAA 400-075 Emission Standards for
Stationary Sources Emitting Hazardous Air Pollutants. Other changes to
SWCAA 400 were submitted as part of a separate SIP revision request,
which we will take action on in a separate rulemaking. Sections
proposed for approval in this action are SWCAA 400-025 Adoption of
Federal Rules, SWCAA 400-030 Definitions, SWCAA 400-036 Portable
Sources From Other Washington Jurisdictions, SWCAA 400-050 Emission
Standards for Combustion and Incineration Units, SWCAA 400-072 Small
Unit Notification for Selected Source Categories, SWCAA 400-091
Voluntary Limits on Emissions, SWCAA 400-105 Records, Monitoring and
Reporting, SWCAA 400-106 Emission Testing and Monitoring at Air
Contaminant Sources, SWCAA 400-109 Air Discharge Permit Applications,
SWCAA 400-110 Application Review Process for Stationary Sources (New
Source Review), SWCAA 400-111 Requirements for New Sources in a
Maintenance Plan Area, SWCAA 400-112 Requirements for New Sources in
Nonattainment Areas, SWCAA 400-113 Requirements for New Sources in
Attainment or Nonclassifiable Areas, SWCAA 400-114 Requirements for
Replacement or Substantial Alteration of Emission Control Technology at
an Existing Stationary Source, SWCAA 400-136 Maintenance of Emission
Reduction Credits in Bank, SWCAA 400-151 Retrofit Requirements for
Visibility Protection, SWCAA 400-171 Public Involvement, SWCAA 400-230
Regulatory Actions and Civil Penalties, SWCAA 400-240 Criminal
Penalties, SWCAA 400-260 Conflict of Interest, SWCAA 400-270
Confidentiality of Records and Information, SWCAA 400-280 Powers of
Agency, and SWCAA 400-810 Major Stationary Source and Major
Modification Definitions.
Most of the changes proposed for approval in this action are
administrative or clarifying in nature. Effective June 11, 2020, the
state legislature recodified the Washington Clean Air Act from Revised
Code of Washington (RCW) 70.94 to RCW 70A.15. Local air agencies were
encouraged to update affected rules to reflect new statutory references
by July 1, 2025. This was the sole change affecting SWCAA sections 400-
091, 400-112, 400-113, 400-136, 400-230, 400-240, and 400-270. In
addition to the recodification, SWCAA made other generally minor
changes. A comprehensive redline/strikeout version of WSR 21-17-054 is
included in the docket for this action, as well as the EPA's analysis
of the revisions proposed for approval in this action. Listed below is
a summary of the most significant changes:
In section 400-025, SWCAA updated the adoption by
reference date for Federal regulations cited in other sections of SWCAA
400.
In section 400-030, SWCAA added a definition for
``diesel,'' made clarifying edits to the definitions for ``distillate
oil'' and ``new source'' and revised the definition of ``volatile
organic compound'' to match the Federal definition in 40 CFR 51.100(s)
effective at the time.\6\ We note that in our 2017 approval of section
400-030, SWCAA did not submit, and the EPA did not approve subsection
(129) ``Toxic air pollutant'' because the regulation of toxic air
pollutants is outside the scope of Clean Air Act (CAA) section 110
requirements for SIPs. With the addition of a new definition for
``diesel'' as subsection (33), subsection (129) is now renumbered to
(130). We propose to revise the exclusions in 40 CFR 52.2470(c), Table
8, to reflect this change.
---------------------------------------------------------------------------
\6\ On February 8, 2023 (88 FR 8226), the EPA revised the
definition of Volatile Organic Compounds to exclude (2E)-
1,1,1,4,4,4-hexafluorobut-2-ene (HFO1336mzz(E)). Because the
revisions EPA is acting on in this action do not include exclusion
of this compound, SWCAA's SIP-approved definition is more stringent
than the Federal definition, which is acceptable.
---------------------------------------------------------------------------
In section 400-036, SWCAA revised requirements for
relocation noticing and emission unit registration, adding a provision
that portable sources must provide relocation notice upon departure
from SWCAA's jurisdiction.
In section 400-050, SWCAA made minor revisions to
subsections (1), (2), and (4). Subsections (3), (5), (6), and (7) are
excluded from the current SIP, and SWCAA's submittal requests the EPA
retain these exclusions.
In section 400-072, SWCAA made minor clarifying revisions
to the introductory text, as well as to subsections (1), (2), (4),
(5)(c), (5)(d), and (5)(e). SWCAA also revised the applicability of
subsection (5)(d) from dry cleaning facilities that use petroleum to
any dry cleaning facility that uses a solvent other than
perchloroethylene. We are proposing to approve the minor updates to
SWCAA
[[Page 49400]]
400-072 subject to the same exclusions as our comprehensive 2017
update, with one exception. In consultation with the EPA, Ecology and
SWCAA did not submit revisions to subsection (5)(b) as part of this SIP
revision package. In the interim, the EPA will retain the version of
subsection (5)(b) approved as part of our comprehensive 2017 update.
In section 400-105, SWCAA made minor clarifying edits and
added a separate emission inventory submittal deadline for gasoline
stations.
In section 400-106, SWCAA made minor revisions to the
source testing requirements in subsection (1).\7\
---------------------------------------------------------------------------
\7\ EPA's proposed approval of changes to sections 400-106, 400-
109, 400-110, and 400-111 is subject to the same exclusions
identified in our comprehensive 2017 update and codified in the
current approved SIP at 40 CFR 52.2470(c), Table 8.
---------------------------------------------------------------------------
In section 400-109, SWCAA added an application procedure
for permit extensions in subsection (2)(f) and made minor clarifying
edits to other subsections.
In section 400-110, SWCAA added a new subsection (2)(e)
with presumptive application withdrawal provisions, added a new
subsection (4)(d) clarifying supersession of previous permits in new
permitting actions, revised subsection (6)(d) to add a reference to the
portable source provisions in SWCAA 400-036, added a new subsection
(12)(b) providing notification and public involvement requirements for
reopening for cause actions, and made other clarifying edits.
In section 400-111, SWCAA made minor administrative edits
to update citations and add quotation marks around the defined term
``emission unit'' to match the formatting of other defined terms.
In section 400-114, SWCAA added a new subsection (2)(b)
providing SWCAA with authority to require the owner or operator to
employ a level of emission control equivalent to the existing emission
control technology when replacing or substantially altering controls,
as well as minor administrative edits. SWCAA also added a cross
reference to ``T-RACT'' for the regulation of toxic air pollutants
which is outside the scope of the SIP.
In section 400-151, SWCAA made a minor edit to define the
acronym ``BART,'' which stands for ``Best Available Retrofit
Technology.''
In section 400-171, SWCAA made minor clarifying edits to
the public notice and application notice provisions.
In section 400-260, SWCAA made clarifying edits including
a cross reference to the Federal conflict of interest requirements of
Clean Air Act section 128.
In section 400-280, SWCAA updated and standardized
citations for other Revised Code of Washington statutory provisions, in
addition to the recodification of the Washington Clean Air Act
discussed above.
In section 400-810, SWCAA corrected internal cross-
citations to the definitions.
II. 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 8--Additional
Regulations Approved for the Southwest Clean Air Agency (SWCAA)
Jurisdiction, the updated SWCAA regulations listed in the table below
for sources within SWCAA's jurisdiction. The EPA is also proposing a
minor change to the applicability subheading in 40 CFR 52.2470(c)--
Table 8 to more clearly reflect jurisdiction for issuing permits under
the PSD program. Our comprehensive 2017 approval stated that Ecology
retained statewide, direct jurisdiction for PSD permitting for all
major stationary sources not otherwise regulated by EFSEC.\8\ However,
we neglected to include this clarification to the applicability
subheading consistent with other recent approvals in Washington
State.\9\ Therefore, we are proposing to add this clarification.
---------------------------------------------------------------------------
\8\ See 82 FR 17136 (April 10, 2017) at page 17138.
\9\ See 80 FR 23721 (April 29, 2015), 85 FR 22355 (April 22,
2020), 85 FR 36154 (June 15, 2020), and 86 FR 24718 (May 10, 2021).
Updated Southwest Clean Air Agency Regulations
[Applicable in Clark, Cowlitz, Lewis, Skamania and Wahkiakum counties,
excluding facilities subject to Energy Facilities Site Evaluation
Council (EFSEC) jurisdiction; facilities subject to the Washington
Department of Ecology's direct jurisdiction under Chapters 173-405, 173-
410, and 173-415 Washington Administrative Code (WAC); Indian
reservations; any other area where the EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction; and the Prevention of
Significant Deterioration (PSD) permitting of facilities subject to the
applicability sections of WAC 173-400-700.]
------------------------------------------------------------------------
State/local State/local
citation Title/subject effective date Explanation
------------------------------------------------------------------------
SWCAA 400--General Regulations for Air Pollution Sources
------------------------------------------------------------------------
400-025............ Adoption of 9/10/21 .................
Federal Rules.
400-030............ Definitions..... 9/10/21 Except: 400-
030(21) and
(130).
400-036............ Portable Sources 9/10/21 .................
From Other
Washington
Jurisdictions.
400-050............ Emission 9/10/21 Except: 400-
Standards for 050(3); 400-
Combustion and 050(5); 400-
Incineration 050(6); and 400-
Units. 050(7).
400-060............ Emission 3/21/20 .................
Standards for
General Process
Units.
400-072............ Small Unit 9/10/21 Except: 400-
Notification 072(5)(a)(ii)(B)
for Selected ; 400-
Source 072(5)(d)(ii)(B)
Categories. ; 400-
072(5)(d)(iii)(A
); 400-
072(5)(d)(iii)(B
); all reporting
requirements
related to toxic
air pollutants;
and 400-
072(5)(b), which
EPA previously
approved with a
state-effective
date of October
9, 2016.
400-074............ Gasoline 6/18/17 Except: 400-
Transport 074(2).
Tanker
Registration.
400-091............ Voluntary Limits 9/10/21 .................
on Emissions.
400-105............ Records, 9/10/21 Except: Reporting
Monitoring and requirements
Reporting. related to toxic
air pollutants.
400-106............ Emission Testing 9/10/21 Except: 400-
and Monitoring 106(1)(d)
at Air through (g); and
Contaminant 400-106(2).
Sources.
400-109............ Air Discharge 9/10/21 Except: The toxic
Permit air pollutant
Applications. emissions
thresholds
contained in 400-
109(3)(d); 400-
109(3)(e)(ii);
and 400-109(4).
[[Page 49401]]
400-110............ Application 9/10/21 Except: 400-
Review Process 110(1)(d).
for Stationary
Sources (New
Source Review).
400-111............ Requirements for 9/10/21 Except: 400-
New Sources in 111(7).
a Maintenance
Plan Area.
400-112............ Requirements for 9/10/21 Except: 400-
New Sources in 112(6).
Nonattainment
Areas.
400-113............ Requirements for 9/10/21 Except: 400-
New Sources in 113(5).
Attainment or
Nonclassifiable
Areas.
400-114............ Requirements for 9/10/21 .................
Replacement or
Substantial
Alteration of
Emission
Control
Technology at
an Existing
Stationary
Source.
400-136............ Maintenance of 9/10/21 .................
Emission
Reduction
Credits in Bank.
400-151............ Retrofit 9/10/21 .................
Requirements
for Visibility
Protection.
400-171............ Public 9/10/21 Except: 400-
Involvement. 171(2)(a)(xii).
400-260............ Conflict of 9/10/21 .................
Interest.
400-810............ Major Stationary 9/10/21 .................
Source and
Major
Modification
Definitions.
400-850............ Actual 3/21/20 .................
Emissions--Plan
twide
Applicability
Limitation
(PAL).
Appendix A......... SWCAA Method 9 3/21/20 .................
Visual Opacity
Determination
Method.
------------------------------------------------------------------------
B. Approved but Not Incorporated by Reference Regulations
In addition to the regulations proposed for approval and
incorporation by reference in section II.A of this document, 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 so as to avoid potential
conflict with the EPA's independent authorities. We are proposing to
approve revisions, effective September 10, 2021, to SWCAA sections 400-
230, 400-240, 400-270, and 400-280 in 40 CFR 52.2470(e), EPA Approved
Nonregulatory Provisions and Quasi-Regulatory Measures, as approved but
not incorporated by reference regulatory provisions.
III. Incorporation by Reference
In this document, the EPA is proposing to include in a final rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by
reference the updated regulations identified in the table in section
II.A and discussed in Section I. of this document. The EPA has made,
and will continue to make, these documents generally available through
https://www.regulations.gov and at the EPA Region 10 Office (please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section of this preamble for more information).
IV. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Clean Air Act
and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 14094 (88 FR 21879, April 11, 2023);
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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act.
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal
[[Page 49402]]
governments or preempt tribal law as specified by Executive Order 13175
(65 FR 67249, November 9, 2000).
Executive Order 12898 (Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
The Southwest Clean Air Agency did not evaluate environmental
justice considerations as part of its SIP submittal; the CAA and
applicable implementing regulations neither prohibit nor require such
an evaluation. EPA did not perform an EJ analysis and did not consider
EJ in this action. Due to the nature of the action being taken here,
this action is expected to have a neutral to positive impact on the air
quality of the affected area. Consideration of EJ is not required as
part of this action, and there is no information in the record
inconsistent with the stated goal of E.O. 12898 of achieving
environmental justice for people of color, low-income populations, and
Indigenous peoples.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: July 20, 2023.
Casey Sixkiller,
Regional Administrator, Region 10.
[FR Doc. 2023-15750 Filed 7-28-23; 8:45 am]
BILLING CODE 6560-50-P
