Air Plan Approval; Washington; Southwest Clean Air Agency, General Air Quality Regulations, 67097-67102 [2023-21267]
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Federal Register / Vol. 88, No. 188 / Friday, September 29, 2023 / Rules and Regulations
C. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the National Government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
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E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01, Rev. 1, associated
implementing instructions, and
Environmental Planning COMDTINST
5090.1 (series), which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a safety
zone encompassing an area in vicinity
of Huntington Beach and the
Huntington Beach Pier. It is
categorically excluded from further
review under paragraph L60(a), in Table
3–1 of U.S. Coast Guard Environmental
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Planning Implementing Procedures. It is
categorically excluded from further
review under paragraph 60(a) of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 01. A
Record of Environmental Consideration
supporting this determination is
available in the docket where indicated
under ADDRESSES.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
67097
section unless authorized by the COTP
or the COTP’s designated representative.
(2) To seek permission to enter,
contact the COTP or the COTP’s
representative by hailing Coast Guard
Sector Los Angeles—Long Beach on
VHF–FM Channel 16 or calling at (310)
521–3801. Those in the safety zone must
comply with all lawful orders or
directions given to them by the COTP or
the COTP’s designated representative.
(d) Enforcement period. The
temporary safety zone will be enforced
from 9:30 a.m. to 5 p.m. each day from
September 29, 2023, to October 1, 2023.
The marine public will be notified of
this safety zone via Broadcast Notice to
Mariners. If the COTP determines that
the zone need not be enforced during
this entire period, the Coast Guard will
announce via Broadcast Notice to
Mariners when the zone will no longer
be subject to enforcement.
Dated: September 21, 2023.
R.D. Manning,
Captain, U.S. Coast Guard, Captain of the
Port Los Angeles—Long Beach.
[FR Doc. 2023–21302 Filed 9–28–23; 8:45 am]
BILLING CODE 9110–04–P
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 46 U.S.C. 70034, 70051, 70124;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 00170.1, Revision No. 01.3.
2. Add § 165.T11–140 to read as
follows:
■
§ 165.T11–140 Safety Zone; Pacific Ocean,
Huntington Beach, California.
(a) Location. The following area is a
safety zone: All navigable waters from
the surface to the sea floor consisting of
a line connecting the following
coordinates: 33°38.391′ N; 117°58.820′
W, 33°37.984′ N; 117°59.187′ W,
33°39.184′ N; 118°1.111′ W, 33°39.591′
N; 118°0.745′ W. These coordinates are
based on North American Datum of
1983.
(b) Definitions. As used in this
section, Designated representative
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
operating a Coast Guard vessel and a
Federal, State, and local officer
designated by or assisting the Captain of
the Port Los Angeles-Long Beach
(COTP) in the enforcement of the safety
zone.
(c) Regulations. (1) Under the general
safety zone regulations in subpart C of
this part, you may not enter the safety
zone described in paragraph (a) of this
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2023–0342: FRL–11155–
02–R10]
Air Plan Approval; Washington;
Southwest Clean Air Agency, General
Air Quality Regulations
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving revisions to
the Washington State Implementation
Plan (SIP) that were submitted on June
22, 2023, by the Department of 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 is
approving minor updates to SWCAA
400 promulgated since our
comprehensive approval in 2017.
DATES: This final rule is effective
October 30, 2023.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
SUMMARY:
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No. EPA–R10–OAR–2023–0342. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, e.g., Confidential Business
Information or other information the
disclosure of which is restricted by
statute. Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available at https://
www.regulations.gov, or please contact
the person listed in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT: Jeff
Hunt, EPA Region 10, 1200 Sixth
Avenue—Suite 155, Seattle, WA 98101,
at (206) 553–0256, or hunt.jeff@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document wherever
‘‘we’’ or ‘‘our’’ is used, it means the
EPA.
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I. Background
On June 22, 2023, Washington
submitted a SIP revision to the EPA. In
the submission, Southwest Clean Air
Agency (SWCAA) made minor revisions
to the general air quality regulations and
requested, in coordination with the
Washington Department of Ecology, to
update the federally approved SIP. On
July 31, 2023, we proposed to approve
the submission (88 FR 49398). The
reasons for our proposed approval are
included in the proposal and will not be
restated here. The public comment
period closed on August 30, 2023. We
received no comments on our proposed
action and therefore we are finalizing
our action as proposed.
II. Final Action
The EPA is approving and
incorporating by reference the
regulatory changes to SWCAA 400
General Regulations for Air Pollution
Sources submitted by Washington on
June 22, 2023.1 The EPA is also
approving a minor, non-substantive
change to the Code of Federal
Regulations (CFR) at 40 CFR
52.2470(c)—Table 8 under the
applicability subheading to more clearly
reflect jurisdiction for issuing permits
under the Prevention of Significant
Deterioration (PSD) program. Upon the
effective date of this action, the
Washington SIP will include the
1 On June 22, 2023, Washington also submitted a
separate SIP revision titled ‘‘Startup, Shutdown,
and Malfunction (SSM) Provisions in Southwest
Clean Air Agency 400 General Regulations for Air
Pollution Sources’’ which is outside the scope of
this action.
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following regulations as they apply in
the SWCAA local jurisdiction:
• 400–025 Adoption of Federal Rules
(adopting Federal regulations cited in
the local agency rules) state effective
September 10, 2021;
• 400–030 Definitions (establishing
definitions used in the local agency
rules) state effective September 10,
2021;
• 400–036 Portable Sources From
Other Washington Jurisdictions
(outlining requirements for portable
sources locating within the local
jurisdiction) state effective September
10, 2021;
• 400–050 Emission Standards for
Combustion and Incineration Units
(establishing emissions standards for
sources within the local jurisdiction)
state effective September 10, 2021;
• 400–060 Emission Standards for
General Process Units (establishing
particulate matter emissions standards)
state effective March 21, 2020;
• 400–072 Small Unit Notification for
Selected Source Categories (establishing
uniform standards for certain small
source categories) state effective
September 10, 2021;
• 400–074 Gasoline Transport Tanker
Registration (establishing standards for
gasoline transport tankers) state
effective June 18, 2017;
• 400–091 Voluntary Limits on
Emissions (allowing stationary sources
to take a voluntary reduction in
potential to emit) state effective
September 10, 2021;
• 400–105 Records, Monitoring and
Reporting (establishing compliance
requirements on stationary sources)
state effective September 10, 2021;
• 400–106 Emission Testing and
Monitoring at Air Contaminant Sources
(establishing emissions testing
standards for sources and emissions
units) state effective September 10,
2021;
• 400–109 Air Discharge Permit
Applications (establishing permit
processes for new sources in the local
jurisdiction) state effective September
10, 2021;
• 400–110 Application Review
Process for Stationary Sources (New
Source Review) (establishing agency
review standards for air permit
applications) state effective September
10, 2021;
• 400–111 Requirements for New
Sources in a Maintenance Plan Area
(establishing specific permit
requirements within a former
nonattainment area) state effective
September 10, 2021;
• 400–112 Requirements for New
Sources in Nonattainment Areas
(establishing permit requirements for
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current nonattainment areas) state
effective September 10, 2021;
• 400–113 Requirements for New
Sources in Attainment or
Nonclassifiable Areas (establishing
permit requirements in areas that have
not been designated as nonattainment
for criteria pollutants) state effective
September 10, 2021;
• 400–114 Requirements for
Replacement or Substantial Alteration
of Emission Control Technology at an
Existing Stationary Source (establishing
permit requirements for modification of
emissions controls at existing facilities)
state effective September 10, 2021;
• 400–136 Maintenance of Emission
Reduction Credits in Bank (supporting
an emissions reduction trading program)
state effective September 10, 2021;
• 400–151 Retrofit Requirements for
Visibility Protection (establishing
requirements to minimize regional haze)
state effective September 10, 2021;
• 400–171 Public Involvement
(establishing public notice and other
requirements for agency actions) state
effective September 10, 2021;
• 400–260 Conflict of Interest
(requires SWCAA board members to
comply with Clean Air Act section 128)
state effective September 10, 2021;
• 400–810 Major Stationary Source
and Major Modification Definitions
(establishing specific definitions for
permitting requirements at major
sources located in a nonattainment area)
state effective September 10, 2021;
• 400–850 Actual Emissions—
Plantwide Applicability Limitation
(PAL) (adopting the Federal Emission
Offset Ruling) state effective March 21,
2020;
• Appendix A SWCAA Method 9
Visual Opacity Determination Method
(establishing test methods for opacity
compliance) state effective March 21,
2020.
In addition to the regulations
approved and incorporated by reference
above, 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 therefore approving
the submitted revisions, effective
September 10, 2021, to sections 400–
230, 400–240, 400–270, and 400–280 in
40 CFR 52.2470(e), EPA Approved
Nonregulatory Provisions and QuasiRegulatory Measures.
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III. Incorporation by Reference
In this document, the EPA is
finalizing regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, we are finalizing the incorporation
by reference of the Southwest Clean Air
Agency regulatory provisions described
in section II of this preamble and set
forth in the amendments to 40 CFR part
52 in 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
INFORMATION CONTACT section of this
preamble for more information).
Therefore, these materials have been
approved by the EPA for inclusion in
the SIP, have been incorporated by
reference by the EPA into that plan, are
fully federally enforceable under
sections 110 and 113 of the Clean Air
Act as of the effective date of the final
rule of the EPA’s approval, and will be
incorporated by reference in the next
update to the SIP compilation.2
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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, the 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);
2 62
FR 27968 (May 22, 1997).
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• 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.
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. The 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.’’ The 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 and
the Washington Department of Ecology
did not evaluate environmental justice
considerations as part of its SIP
submittal; the Clean Air Act and
applicable implementing regulations
neither prohibit nor require such an
evaluation. The 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 Executive Order
12898 of achieving environmental
justice for people of color, low-income
populations, and Indigenous peoples.
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where the EPA or
an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
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67099
Indian country, the rule does not have
tribal implications and it 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).
This action is subject to the
Congressional Review Act, and the EPA
will submit a rule report to each House
of the Congress and to the Comptroller
General of the United States. This action
is not a ‘‘major rule’’ as defined by 5
U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by November 28,
2023. Filing a petition for
reconsideration by the Administrator of
this final rule does not affect the finality
of this action for the purposes of judicial
review nor does it extend the time
within which a petition for judicial
review may be filed and shall not
postpone the effectiveness of such rule
or action. This action may not be
challenged later in proceedings to
enforce its requirements. See section
307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: September 22, 2023.
Casey Sixkiller,
Regional Administrator, Region 10.
For the reasons set forth in the
preamble, 40 CFR part 52 is amended as
follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart WW—Washington
2. Amend § 52.2470 as follows:
a. In paragraph (c), table 8 by:
i. Revising the table heading;
ii. Under the heading ‘‘SWCAA 400—
General Regulations for Air Pollution
Sources’’:
■ A. Adding an entry for ‘‘400–025’’ in
numerical order;
■ B. Revising the entries for ‘‘400–030’’,
‘‘400–036’’, ‘‘400–050’’, ‘‘400–060’’,
‘‘400–072’’;
■
■
■
■
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C. Adding an entry for ‘‘400–
072(5)(b)’’ in numerical order;
■ D. Revising the entries for ‘‘400–074’’,
‘‘400–091’’, ‘‘400–105’’, ‘‘400–106’’,
‘‘400–109’’, ‘‘400–110’’, ‘‘400–111’’,
‘‘400–112’’, ‘‘400–113’’, ‘‘400–114’’,
‘‘400–136’’, ‘‘400–151’’, ‘‘400–171’’;
■ E. Adding an entry for ‘‘400–260’’ in
numerical order; and
■
F. Revising the entries ‘‘400–810’’,
‘‘400–850’’ and ‘‘Appendix A’’; and
■ b. In paragraph (e), table 1, under the
heading ‘‘Southwest Clean Air Agency
Regulations’’ by:
■ i. Revising the entries for ‘‘400–230’’
and ‘‘400–240’’;
■ ii. Removing the entry for ‘‘400–260’’;
and
■
iii. Revising the entries for ‘‘400–270’’,
and ‘‘400–280’’.
The revisions and additions read as
follows:
■
§ 52.2470
*
Identification of plan.
*
*
(c) * * *
*
*
TABLE 8—ADDITIONAL REGULATIONS APPROVED FOR THE SOUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION
[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
EPA
approval date
Explanations
Southwest Clean Air Agency Regulations
SWCAA 400—General Regulations for Air Pollution Sources
*
400–025 ................
*
*
Adoption of Federal Rules ...
9/10/21
400–030 ................
Definitions ............................
9/10/21
400–036 ................
Portable Sources from Other
Washington Jurisdictions.
9/10/21
*
400–050 ................
*
*
Emission Standards for
Combustion and Incineration Units.
Emission Standards for General Process Units.
400–060 ................
*
400–072 ................
*
Small Unit Notification for
Selected Source Categories.
400–072 (5)(b) ......
Small Unit Notification for
Selected Source Categories.
Gasoline Transport Tanker
Registration.
400–074 ................
*
400–091 ................
400–105 ................
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400–106 ................
*
Air Discharge Permit Applications.
400–110 ................
Application Review Process
for Stationary Sources
(New Source Review).
Requirements for New
Sources in a Maintenance
Plan Area.
400–111 ................
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*
*
*
Voluntary Limits on Emissions.
Records, Monitoring and Reporting.
Emission Testing and Monitoring at Air Contaminant
Sources.
*
400–109 ................
9/10/21
Except: 400–030(21) and (130).
*
*
9/29/23, [INSERT FEDERAL
REGISTER CITATION].
*
*
Except: 400–050(3); 400–050(5);
050(6); and 400–050(7).
*
*
9/29/23, [INSERT FEDERAL
REGISTER CITATION].
10/9/16
04/10/17, 82 FR 17136.
6/18/17
9/29/23, [INSERT FEDERAL
REGISTER CITATION].
9/10/21
9/10/21
9/10/21
9/10/21
*
*
9/29/23, [INSERT FEDERAL
REGISTER CITATION].
9/29/23, [INSERT FEDERAL
REGISTER CITATION].
9/29/23, [INSERT FEDERAL
REGISTER CITATION].
*
*
9/29/23, [INSERT FEDERAL
REGISTER CITATION].
9/10/21
9/29/23, [INSERT FEDERAL
REGISTER CITATION].
9/10/21
9/29/23, [INSERT FEDERAL
REGISTER CITATION].
Frm 00046
*
*
400–
9/29/23, [INSERT FEDERAL
REGISTER CITATION].
9/10/21
*
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*
*
9/29/23, [INSERT FEDERAL
REGISTER CITATION].
9/29/23, [INSERT FEDERAL
REGISTER CITATION].
9/29/23, [INSERT FEDERAL
REGISTER CITATION].
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*
*
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).
Except: 400–110(1)(d).
Except: 400–111(7).
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TABLE 8—ADDITIONAL REGULATIONS APPROVED FOR THE SOUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION—
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
effective
date
State/local citation
Title/subject
400–112 ................
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.
400–113 ................
400–114 ................
*
400–136 ................
400–151 ................
*
*
Maintenance of Emission
Reduction Credits in Bank.
Retrofit Requirements for
Visibility Protection.
EPA
approval date
Explanations
9/10/21
9/29/23, [INSERT FEDERAL
REGISTER CITATION].
Except: 400–112(6).
9/10/21
9/29/23, [INSERT FEDERAL
REGISTER CITATION].
Except: 400–113(5).
9/10/21
9/29/23, [INSERT FEDERAL
REGISTER CITATION].
9/10/21
9/10/21
*
*
9/29/23, [INSERT FEDERAL
REGISTER CITATION].
9/29/23, [INSERT FEDERAL
REGISTER CITATION].
*
*
*
400–171 ................
*
*
Public Involvement ...............
*
*
9/29/23, [INSERT FEDERAL
REGISTER CITATION].
*
Except: 400–171(2)(a)(xii).
*
9/10/21
*
400–260 ................
*
*
Conflict of Interest ................
*
*
9/29/23, [INSERT FEDERAL
REGISTER CITATION].
*
*
9/10/21
*
400–810 ................
*
*
Major Stationary Source and
Major Modification Definitions.
*
*
9/29/23, [INSERT FEDERAL
REGISTER CITATION].
*
*
9/10/21
*
400–850 ................
*
*
Actual Emissions—Plantwide
Applicability Limitation
(PAL).
*
*
9/29/23, [INSERT FEDERAL
REGISTER CITATION].
*
*
3/21/20
*
Appendix A ...........
*
SWCAA Method 9 Visual
Opacity Determination
Method.
*
*
9/29/23, [INSERT FEDERAL
REGISTER CITATION].
*
*
3/21/20
*
*
*
*
*
*
*
*
*
*
*
*
*
(e) * * *
TABLE 1—APPROVED BUT NOT INCORPORATED BY REFERENCE REGULATIONS
State/local citation
lotter on DSK11XQN23PROD with RULES1
*
State/local
effective
date
Title/subject
*
*
EPA
approval date
*
*
Explanations
*
*
Southwest Clean Air Agency Regulations
*
400–230 ................
*
*
Regulatory Actions and Civil Penalties
*
9/10/21
400–240 ................
Criminal Penalties .................................
9/10/21
VerDate Sep<11>2014
16:15 Sep 28, 2023
Jkt 259001
PO 00000
Frm 00047
Fmt 4700
9/29/23,
ISTER
9/29/23,
ISTER
Sfmt 4700
*
*
[INSERT FEDERAL REGCITATION].
[INSERT FEDERAL REGCITATION].
E:\FR\FM\29SER1.SGM
29SER1
*
67102
Federal Register / Vol. 88, No. 188 / Friday, September 29, 2023 / Rules and Regulations
TABLE 1—APPROVED BUT NOT INCORPORATED BY REFERENCE REGULATIONS—Continued
Title/subject
*
400–270 ................
*
*
Confidentiality of Records and Information.
Powers of Agency .................................
400–280 ................
*
*
*
*
*
*
*
*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 97
[EPA–HQ–OAR–2021–0668; FRL–8670.3–
01–OAR]
Federal ‘‘Good Neighbor Plan’’ for the
2015 Ozone National Ambient Air
Quality Standards; Response to
Additional Judicial Stays of SIP
Disapproval Action for Certain States
Environmental Protection
Agency (EPA).
ACTION: Interim final rule; request for
comment.
AGENCY:
The Environmental Protection
Agency (EPA) is taking interim final
action to stay, for emissions sources in
Alabama, Minnesota, Nevada,
Oklahoma, Utah, and West Virginia
only, the effectiveness of the Federal
Implementation Plan (FIP) requirements
established to address the obligations of
these and other States to mitigate
interstate air pollution with respect to
the 2015 national ambient air quality
standards (NAAQS) for ozone (the Good
Neighbor Plan). The EPA is also revising
certain other regulations to ensure the
continued implementation of previously
established requirements to mitigate
interstate air pollution with respect to
other ozone NAAQS while the Good
Neighbor Plan’s requirements are
stayed. The stay and the associated
revisions to other regulations are being
issued in response to judicial orders that
partially stay, pending judicial review, a
separate EPA action which disapproved
certain State Implementation Plan (SIP)
revisions submitted by these and other
States.
DATES: This interim final rule is
effective on September 29, 2023.
Comments on this rule must be received
on or before October 30, 2023.
SUMMARY:
VerDate Sep<11>2014
16:15 Sep 28, 2023
*
9/10/21
9/10/21
EPA
approval date
9/29/23,
ISTER
9/29/23,
ISTER
*
Jkt 259001
Explanations
*
*
[INSERT FEDERAL REGCITATION].
[INSERT FEDERAL REGCITATION].
*
You may send comments,
identified by Docket ID No. EPA–HQ–
OAR–2021–0668, by any of the
following methods:
• Federal eRulemaking portal:
https://www.regulations.gov (our
preferred method). Follow the online
instructions for submitting comments.
• Mail: U.S. Environmental
Protection Agency, EPA Docket Center,
Air and Radiation Docket, Mail Code
28221T, 1200 Pennsylvania Avenue
NW, Washington, DC 20460.
• Hand delivery or courier: EPA
Docket Center, WJC West Building,
Room 3334, 1301 Constitution Avenue
NW, Washington, DC 20004. The Docket
Center’s hours of operations are 8:30
a.m.–4:30 p.m., Monday–Friday (except
Federal holidays).
Comments received may be posted
without change to https://
www.regulations.gov, including any
personal information provided. For
detailed instructions on sending
comments, see the ‘‘Public
Participation’’ heading of the
SUPPLEMENTARY INFORMATION section of
this document.
FOR FURTHER INFORMATION CONTACT:
David Lifland, Clean Air Markets
Division, Office of Atmospheric
Protection, Office of Air and Radiation,
U.S. Environmental Protection Agency,
Mail Code 6204A, 1200 Pennsylvania
Avenue NW, Washington, DC 20460;
telephone: 202–343–9151; email:
lifland.david@epa.gov.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
[FR Doc. 2023–21267 Filed 9–28–23; 8:45 am]
lotter on DSK11XQN23PROD with RULES1
State/local
effective
date
State/local citation
*
PO 00000
Frm 00048
Fmt 4700
Sfmt 4700
*
www.regulations.gov any information
you consider to be Confidential
Business Information (CBI), Proprietary
Business Information (PBI), 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). Please visit
https://www.epa.gov/dockets/
commenting-epa-dockets for additional
submission methods; the full EPA
public comment policy; information
about CBI, PBI, or multimedia
submissions; and general guidance on
making effective comments.
B. Potentially Affected Entities
This action revises on an interim basis
the Good Neighbor Plan, which applies
to electric generating units (EGUs) and
non-EGU industrial sources. This action
also revises other allowance trading
program regulations that apply to EGUs
but not to non-EGU industrial sources.
The affected emissions sources are
generally in the following industry
groups:
Industry group
I. General
A. Public Participation
Submit your written comments,
identified by Docket ID No. EPA–HQ–
OAR–2021–0668, at https://
www.regulations.gov (our preferred
method), or by the other methods
identified in the ADDRESSES section.
Once submitted, comments cannot be
edited or removed from the docket. The
EPA may publish any comment received
to its public docket. Do not submit to
the EPA’s docket at https://
*
Fossil Fuel Electric
Power Generation .......
Pipeline Transportation of
Natural Gas .................
Cement and Concrete
Product Manufacturing
Iron and Steel Mills and
Ferroalloy Manufacturing ...........................
Glass and Glass Product
Manufacturing .............
Basic Chemical Manufacturing ...........................
E:\FR\FM\29SER1.SGM
29SER1
North American
Industry
Classification
System (NAICS)
code
221112
4862
3273
3311
3272
3251
]]>Agencies
[Federal Register Volume 88, Number 188 (Friday, September 29, 2023)]
[Rules and Regulations]
[Pages 67097-67102]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21267]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2023-0342: FRL-11155-02-R10]
Air Plan Approval; Washington; Southwest Clean Air Agency,
General Air Quality Regulations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving
revisions to the Washington State Implementation Plan (SIP) that were
submitted on June 22, 2023, by the Department of 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
is approving minor updates to SWCAA 400 promulgated since our
comprehensive approval in 2017.
DATES: This final rule is effective October 30, 2023.
ADDRESSES: The EPA has established a docket for this action under
Docket ID
[[Page 67098]]
No. EPA-R10-OAR-2023-0342. All documents in the docket are listed on
the https://www.regulations.gov website. Although listed in the index,
some information is not publicly available, e.g., Confidential Business
Information or other information the disclosure of which is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only in hard
copy form. Publicly available docket materials are available at https://www.regulations.gov, or please contact the person listed in the FOR
FURTHER INFORMATION CONTACT section for additional availability
information.
FOR FURTHER INFORMATION CONTACT: Jeff Hunt, EPA Region 10, 1200 Sixth
Avenue--Suite 155, Seattle, WA 98101, at (206) 553-0256, or
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we'' or
``our'' is used, it means the EPA.
I. Background
On June 22, 2023, Washington submitted a SIP revision to the EPA.
In the submission, Southwest Clean Air Agency (SWCAA) made minor
revisions to the general air quality regulations and requested, in
coordination with the Washington Department of Ecology, to update the
federally approved SIP. On July 31, 2023, we proposed to approve the
submission (88 FR 49398). The reasons for our proposed approval are
included in the proposal and will not be restated here. The public
comment period closed on August 30, 2023. We received no comments on
our proposed action and therefore we are finalizing our action as
proposed.
II. Final Action
The EPA is approving and incorporating by reference the regulatory
changes to SWCAA 400 General Regulations for Air Pollution Sources
submitted by Washington on June 22, 2023.\1\ The EPA is also approving
a minor, non-substantive change to the Code of Federal Regulations
(CFR) at 40 CFR 52.2470(c)--Table 8 under the applicability subheading
to more clearly reflect jurisdiction for issuing permits under the
Prevention of Significant Deterioration (PSD) program. Upon the
effective date of this action, the Washington SIP will include the
following regulations as they apply in the SWCAA local jurisdiction:
---------------------------------------------------------------------------
\1\ On June 22, 2023, Washington also submitted a separate SIP
revision titled ``Startup, Shutdown, and Malfunction (SSM)
Provisions in Southwest Clean Air Agency 400 General Regulations for
Air Pollution Sources'' which is outside the scope of this action.
---------------------------------------------------------------------------
400-025 Adoption of Federal Rules (adopting Federal
regulations cited in the local agency rules) state effective September
10, 2021;
400-030 Definitions (establishing definitions used in the
local agency rules) state effective September 10, 2021;
400-036 Portable Sources From Other Washington
Jurisdictions (outlining requirements for portable sources locating
within the local jurisdiction) state effective September 10, 2021;
400-050 Emission Standards for Combustion and Incineration
Units (establishing emissions standards for sources within the local
jurisdiction) state effective September 10, 2021;
400-060 Emission Standards for General Process Units
(establishing particulate matter emissions standards) state effective
March 21, 2020;
400-072 Small Unit Notification for Selected Source
Categories (establishing uniform standards for certain small source
categories) state effective September 10, 2021;
400-074 Gasoline Transport Tanker Registration
(establishing standards for gasoline transport tankers) state effective
June 18, 2017;
400-091 Voluntary Limits on Emissions (allowing stationary
sources to take a voluntary reduction in potential to emit) state
effective September 10, 2021;
400-105 Records, Monitoring and Reporting (establishing
compliance requirements on stationary sources) state effective
September 10, 2021;
400-106 Emission Testing and Monitoring at Air Contaminant
Sources (establishing emissions testing standards for sources and
emissions units) state effective September 10, 2021;
400-109 Air Discharge Permit Applications (establishing
permit processes for new sources in the local jurisdiction) state
effective September 10, 2021;
400-110 Application Review Process for Stationary Sources
(New Source Review) (establishing agency review standards for air
permit applications) state effective September 10, 2021;
400-111 Requirements for New Sources in a Maintenance Plan
Area (establishing specific permit requirements within a former
nonattainment area) state effective September 10, 2021;
400-112 Requirements for New Sources in Nonattainment
Areas (establishing permit requirements for current nonattainment
areas) state effective September 10, 2021;
400-113 Requirements for New Sources in Attainment or
Nonclassifiable Areas (establishing permit requirements in areas that
have not been designated as nonattainment for criteria pollutants)
state effective September 10, 2021;
400-114 Requirements for Replacement or Substantial
Alteration of Emission Control Technology at an Existing Stationary
Source (establishing permit requirements for modification of emissions
controls at existing facilities) state effective September 10, 2021;
400-136 Maintenance of Emission Reduction Credits in Bank
(supporting an emissions reduction trading program) state effective
September 10, 2021;
400-151 Retrofit Requirements for Visibility Protection
(establishing requirements to minimize regional haze) state effective
September 10, 2021;
400-171 Public Involvement (establishing public notice and
other requirements for agency actions) state effective September 10,
2021;
400-260 Conflict of Interest (requires SWCAA board members
to comply with Clean Air Act section 128) state effective September 10,
2021;
400-810 Major Stationary Source and Major Modification
Definitions (establishing specific definitions for permitting
requirements at major sources located in a nonattainment area) state
effective September 10, 2021;
400-850 Actual Emissions--Plantwide Applicability
Limitation (PAL) (adopting the Federal Emission Offset Ruling) state
effective March 21, 2020;
Appendix A SWCAA Method 9 Visual Opacity Determination
Method (establishing test methods for opacity compliance) state
effective March 21, 2020.
In addition to the regulations approved and incorporated by
reference above, 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
therefore approving the submitted revisions, effective September 10,
2021, to sections 400-230, 400-240, 400-270, and 400-280 in 40 CFR
52.2470(e), EPA Approved Nonregulatory Provisions and Quasi-Regulatory
Measures.
[[Page 67099]]
III. Incorporation by Reference
In this document, the EPA is finalizing regulatory text that
includes incorporation by reference. In accordance with requirements of
1 CFR 51.5, we are finalizing the incorporation by reference of the
Southwest Clean Air Agency regulatory provisions described in section
II of this preamble and set forth in the amendments to 40 CFR part 52
in 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 INFORMATION CONTACT section of this preamble for more
information). Therefore, these materials have been approved by the EPA
for inclusion in the SIP, have been incorporated by reference by the
EPA into that plan, are fully federally enforceable under sections 110
and 113 of the Clean Air Act as of the effective date of the final rule
of the EPA's approval, and will be incorporated by reference in the
next update to the SIP compilation.\2\
---------------------------------------------------------------------------
\2\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
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, the 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.
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.
The 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.'' The 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 and the Washington Department of
Ecology did not evaluate environmental justice considerations as part
of its SIP submittal; the Clean Air Act and applicable implementing
regulations neither prohibit nor require such an evaluation. The 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 Executive Order 12898 of achieving environmental justice
for people of color, low-income populations, and Indigenous peoples.
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and it 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).
This action is subject to the Congressional Review Act, and the EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by November 28, 2023. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. See section 307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: September 22, 2023.
Casey Sixkiller,
Regional Administrator, Region 10.
For the reasons set forth in the preamble, 40 CFR part 52 is
amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart WW--Washington
0
2. Amend Sec. 52.2470 as follows:
0
a. In paragraph (c), table 8 by:
0
i. Revising the table heading;
0
ii. Under the heading ``SWCAA 400--General Regulations for Air
Pollution Sources'':
0
A. Adding an entry for ``400-025'' in numerical order;
0
B. Revising the entries for ``400-030'', ``400-036'', ``400-050'',
``400-060'', ``400-072'';
[[Page 67100]]
0
C. Adding an entry for ``400-072(5)(b)'' in numerical order;
0
D. Revising the entries for ``400-074'', ``400-091'', ``400-105'',
``400-106'', ``400-109'', ``400-110'', ``400-111'', ``400-112'', ``400-
113'', ``400-114'', ``400-136'', ``400-151'', ``400-171'';
0
E. Adding an entry for ``400-260'' in numerical order; and
0
F. Revising the entries ``400-810'', ``400-850'' and ``Appendix A'';
and
0
b. In paragraph (e), table 1, under the heading ``Southwest Clean Air
Agency Regulations'' by:
0
i. Revising the entries for ``400-230'' and ``400-240'';
0
ii. Removing the entry for ``400-260''; and
0
iii. Revising the entries for ``400-270'', and ``400-280''.
The revisions and additions read as follows:
Sec. 52.2470 Identification of plan.
* * * * *
(c) * * *
Table 8--Additional Regulations Approved for the Southwest Clean Air Agency (SWCAA) Jurisdiction
[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 EPA approval date Explanations
date
----------------------------------------------------------------------------------------------------------------
Southwest Clean Air Agency Regulations
SWCAA 400--General Regulations for Air Pollution Sources
----------------------------------------------------------------------------------------------------------------
* * * * * * *
400-025...................... Adoption of Federal 9/10/21 9/29/23, [INSERT
Rules. FEDERAL REGISTER
CITATION].
400-030...................... Definitions.......... 9/10/21 9/29/23, [INSERT Except: 400-030(21)
FEDERAL REGISTER and (130).
CITATION].
400-036...................... Portable Sources from 9/10/21 9/29/23, [INSERT
Other Washington FEDERAL REGISTER
Jurisdictions. CITATION].
* * * * * * *
400-050...................... Emission Standards 9/10/21 9/29/23, [INSERT Except: 400-050(3);
for Combustion and FEDERAL REGISTER 400-050(5); 400-
Incineration Units. CITATION]. 050(6); and 400-
050(7).
400-060...................... Emission Standards 3/21/20 9/29/23, [INSERT
for General Process FEDERAL REGISTER
Units. CITATION].
* * * * * * *
400-072...................... Small Unit 9/10/21 9/29/23, [INSERT Except: 400-
Notification for FEDERAL REGISTER 072(5)(a)(ii)(B);
Selected Source CITATION]. 400-072(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.
400-072 (5)(b)............... Small Unit 10/9/16 04/10/17, 82 FR
Notification for 17136.
Selected Source
Categories.
400-074...................... Gasoline Transport 6/18/17 9/29/23, [INSERT Except: 400-074(2).
Tanker Registration. FEDERAL REGISTER
CITATION].
* * * * * * *
400-091...................... Voluntary Limits on 9/10/21 9/29/23, [INSERT
Emissions. FEDERAL REGISTER
CITATION].
400-105...................... Records, Monitoring 9/10/21 9/29/23, [INSERT Except: reporting
and Reporting. FEDERAL REGISTER requirements
CITATION]. related to toxic
air pollutants.
400-106...................... Emission Testing and 9/10/21 9/29/23, [INSERT Except: 400-
Monitoring at Air FEDERAL REGISTER 106(1)(d) through
Contaminant Sources. CITATION]. (g); and 400-
106(2).
* * * * * * *
400-109...................... Air Discharge Permit 9/10/21 9/29/23, [INSERT Except: The toxic
Applications. FEDERAL REGISTER air pollutant
CITATION]. emissions
thresholds
contained in 400-
109(3)(d); 400-
109(3)(e)(ii); and
400-109(4).
400-110...................... Application Review 9/10/21 9/29/23, [INSERT Except: 400-
Process for FEDERAL REGISTER 110(1)(d).
Stationary Sources CITATION].
(New Source Review).
400-111...................... Requirements for New 9/10/21 9/29/23, [INSERT Except: 400-111(7).
Sources in a FEDERAL REGISTER
Maintenance Plan CITATION].
Area.
[[Page 67101]]
400-112...................... Requirements for New 9/10/21 9/29/23, [INSERT Except: 400-112(6).
Sources in FEDERAL REGISTER
Nonattainment Areas. CITATION].
400-113...................... Requirements for New 9/10/21 9/29/23, [INSERT Except: 400-113(5).
Sources in FEDERAL REGISTER
Attainment or CITATION].
Nonclassifiable
Areas.
400-114...................... Requirements for 9/10/21 9/29/23, [INSERT
Replacement or FEDERAL REGISTER
Substantial CITATION].
Alteration of
Emission Control
Technology at an
Existing Stationary
Source.
* * * * * * *
400-136...................... Maintenance of 9/10/21 9/29/23, [INSERT
Emission Reduction FEDERAL REGISTER
Credits in Bank. CITATION].
400-151...................... Retrofit Requirements 9/10/21 9/29/23, [INSERT
for Visibility FEDERAL REGISTER
Protection. CITATION].
* * * * * * *
400-171...................... Public Involvement... 9/10/21 9/29/23, [INSERT Except: 400-
FEDERAL REGISTER 171(2)(a)(xii).
CITATION].
* * * * * * *
400-260...................... Conflict of Interest. 9/10/21 9/29/23, [INSERT
FEDERAL REGISTER
CITATION].
* * * * * * *
400-810...................... Major Stationary 9/10/21 9/29/23, [INSERT
Source and Major FEDERAL REGISTER
Modification CITATION].
Definitions.
* * * * * * *
400-850...................... Actual Emissions-- 3/21/20 9/29/23, [INSERT
Plantwide FEDERAL REGISTER
Applicability CITATION].
Limitation (PAL).
* * * * * * *
Appendix A................... SWCAA Method 9 Visual 3/21/20 9/29/23, [INSERT
Opacity FEDERAL REGISTER
Determination Method. CITATION].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
(e) * * *
Table 1--Approved but Not Incorporated by Reference Regulations
----------------------------------------------------------------------------------------------------------------
State/local
State/local citation Title/subject effective EPA approval date Explanations
date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Southwest Clean Air Agency Regulations
----------------------------------------------------------------------------------------------------------------
* * * * * * *
400-230................... Regulatory Actions 9/10/21 9/29/23, [INSERT
and Civil FEDERAL REGISTER
Penalties. CITATION].
400-240................... Criminal Penalties 9/10/21 9/29/23, [INSERT
FEDERAL REGISTER
CITATION].
[[Page 67102]]
* * * * * * *
400-270................... Confidentiality of 9/10/21 9/29/23, [INSERT
Records and FEDERAL REGISTER
Information. CITATION].
400-280................... Powers of Agency.. 9/10/21 9/29/23, [INSERT
FEDERAL REGISTER
CITATION].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2023-21267 Filed 9-28-23; 8:45 am]
BILLING CODE 6560-50-P
