Air Plan Approval; WA; Excess Emissions, Startup, Shutdown, and Malfunction Revisions, 89582-89587 [2023-28294]
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Federal Register / Vol. 88, No. 248 / Thursday, December 28, 2023 / Rules and Regulations
SUPPLEMENTARY INFORMATION:
Throughout this document wherever
‘‘we’’ or ‘‘our’’ is used, it means the
EPA.
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
Table of Contents
[EPA–R10–OAR–2019–0647; FRL–10975–
02–R10]
Air Plan Approval; WA; Excess
Emissions, Startup, Shutdown, and
Malfunction Revisions
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving State
Implementation Plan (SIP) revisions
submitted by the State of Washington,
through the Department of Ecology on
November 12, 2019. The revisions were
submitted by Washington in response to
EPA’s June 12, 2015 ‘‘SIP call’’ in which
EPA found a substantially inadequate
Washington SIP provision providing
affirmative defenses that operate to limit
the jurisdiction of the Federal court in
an enforcement action related to excess
emissions during startup, shutdown,
and malfunction (SSM) events. EPA’s
approval of the SIP revisions removes
the substantially inadequate provision
which corrects the deficiency identified
in the 2015 SSM SIP call. Washington
withdrew some portions of the revisions
submitted that were not identified in the
2015 SSM SIP call and therefore EPA is
not taking final action on those
withdrawn portions.
DATES: This final rule is effective
January 29, 2024.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R10–OAR–2019–0647. 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:
Randall Ruddick, EPA Region 10, 1200
Sixth Avenue (Suite 155), Seattle WA,
98101, (206) 553–1999,
ruddick.randall@epa.gov.
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SUMMARY:
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I. Background
II. Public Comments and EPA Responses
A. Removal of WAC 173–400–107
B. WAC 173–400–040, General Standards
for Maximum Emissions
C. WAC 173–400–081, Emission limits
during startup and shutdown
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background
On June 15, 2023 (88 FR 39210), EPA
proposed to approve several SIP
revisions submitted by the State of
Washington, through the Washington
State Department of Ecology on
November 12, 2019. In that proposal, we
also proposed to determine that one of
the SIP revisions, the removal of WAC
173–400–107, corrects the deficiency
with respect to Washington that we
identified in our June 12, 2015 action
entitled ‘‘State Implementation Plans:
Response to Petition for Rulemaking;
Restatement and Update of EPA’s SSM
Policy Applicable to SIPs; Findings of
Substantial Inadequacy; and SIP Calls to
Amend Provisions Applying to Excess
Emissions During Periods of Startup,
Shutdown, and Malfunction’’ (‘‘2015
SSM SIP call’’) (80 FR 33839, June 12,
2015).1 The remaining SIP revisions
submitted with the request to remove
WAC 173–400–107 on November 12,
2019, were not subject to the 2015 SSM
SIP call. The reasons for our proposed
approval and determination can be
found in the proposed action and will
not be fully restated here (88 FR 39210,
June 15, 2023).
II. Public Comments and EPA
Responses
The EPA’s proposed action provided
a 30-day public comment period which
ended on July 17, 2023. We received
one set of comments from the public
signed by representatives of the Sierra
Club and Environmental Integrity
Project. The full text of the comments is
available in the docket for this
rulemaking. Issues raised in the
comments, and our responses are
summarized below.
1 The term ‘‘SIP call’’ refers to the requirement for
a revised SIP in response to a finding by the EPA
that a SIP is ‘‘substantially inadequate’’ to meet
CAA requirements pursuant to CAA section
110(k)(5), titled ‘‘Calls for plan revisions.’’
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A. Removal of WAC 173–400–107
WAC 173–400–107 was the only
provision identified as deficient for
Washington State Department of
Ecology in the 2015 SSM SIP call. The
commenters agreed that removal of
WAC 173–400–107 from the SIP would
satisfy the 2015 SSM SIP call. EPA
acknowledges the commenter’s support
and is finalizing the removal of WAC
173–400–107 in this action. As stated in
our proposed approval (88 FR 39210,
June 15, 2023), EPA’s removal of the
provision providing for an affirmative
defense corrects the deficiency
identified in our 2015 SSM SIP call
regarding the Washington State
Department of Ecology. The remaining
SIP revisions submitted with the request
to remove WAC 173–400–107 on
November 12, 2019, were not subject to
the 2015 SSM SIP call.
B. WAC 173–400–040, General
Standards for Maximum Emissions
The commenters ‘‘generally agree that
Washington’s proposal is generally an
improvement over the current SSM
exemptions’’ but also raised several
concerns regarding the revisions to
WAC 173–400–040 that we proposed to
approve. On December 12, 2023, the
State withdrew those revisions from its
November 12, 2019, submittal via letter
to EPA.2 Accordingly, EPA is not taking
final action on those revisions and
therefore is not responding to the
portions of the comment regarding WAC
173–400–040 in this action.
Washington also withdrew three
analogs to WAC 173–400–040,
specifically: WAC 173–405–040(6)(b),
WAC 173–410–040(3)(b), and WAC
173–415–030(3)(b). Accordingly, EPA is
not finalizing the proposed approval of
these withdrawn provisions. Should
these or other revisions be submitted to
EPA for approval, EPA will publish an
additional proposed rule and provide an
opportunity for public comment prior to
taking any final action on them.
The 2015 SSM SIP call did not
obligate Washington to make or submit
any revisions other than removing WAC
173–400–040. Accordingly, approval of
the remaining revisions as well as the
withdrawal of some of them do not
affect the disposition of Washington’s
obligation under the 2015 SSM SIP call.
As stated above and in our proposed
approval, the portion of the November
12, 2019, removing WAC 173–400–107
2 See 104_state submittal_Withdrawal Letter 12–
14–2023.pdf which is included in the docket for
this action.
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from the SIP and the State regulations
is fully responsive to the 2015 SSM SIP
call and no further action is required to
satisfy the 2015 SSM SIP call.
C. WAC 173–400–081, Emission Limits
During Startup and Shutdown
Comment. The commenters claim that
this provision does not comport with
‘‘[t]he first criterion of EPA’s seven for
approving AELs [alternative emission
limitations]’’ as it is not ‘‘limited to
specific, narrowly defined source
categories using specific control
strategies.’’ 3 The commenters assert
‘‘[s]ource-specific alternative emission
limitations, generally, are not proper.’’
The commenters also assert ‘‘the sourceby-source approach that Washington is
taking here ‘could lead to inconsistent
alternative limits for sources that should
probably have similar alternative limits
for startup or shutdown,’’’ citing a
Federal Register notice in which EPA
proposed disapproval of AELs
submitted for approval into the West
Virginia SIP.4 The commenters also
assert that ‘‘a source-by-source approach
makes it difficult to consider the
cumulative impact of all the sourcespecific emission limitations on air
quality.’’
Response. As stated in the 2015 SSM
SIP call, EPA believes there will be
limited cases where it may be necessary
to develop source-specific emission
requirements for startup and or
shutdown. WAC 173–400–081 merely
establishes a pathway for such limited
cases as may be necessary. Any sourcespecific emission limits developed
pursuant to this provision must go
through the SIP approval process and
any comments on actual emissions
limits could be raised during those
individual rulemaking actions.
Therefore, EPA believes the
commenters’ concerns are premature
regarding whether any future AELs
submitted through this process would
meet the recommended criteria in the
2015 SSM SIP call. Moreover, EPA has
acknowledged that source-specific AELs
could be appropriate in some limited
circumstances, so we disagree that
merely establishing a pathway for
developing such AELs and revising the
SIP accordingly is inconsistent with the
2015 SSM SIP Call.
We also disagree that EPA’s prior
disapproval of West Virginia’s AELs, as
referenced by the commenters, supports
disapproval here. EPA disapproved
West Virginia’s submittal primarily
because the provisions at issue would
have provided the State with discretion
IV. Final Action
EPA is approving and incorporating
by reference in the Washington SIP at 40
CFR 52.2470(c) revisions to WAC 173–
400–030, 173–400–070, 173–400–081,
and 173–400–171 (State effective 9/16/
2018); revisions to 173–405–040, 173–
410–040, and 173–415–030 (State
effective 5/24/2018); the addition of
WAC 173–400–082 (State effective 9/16/
2018); and the removal of 173–405–077,
173–410–067, and 173–415–070. This
approval is consistent with the
exceptions requested by the State in the
November 5, 2019, submittal as
described in the proposal for this action
and set forth in the amendments to 40
CFR part 52 below. This approval is also
consistent with the State’s withdrawal
of certain revisions as described in the
State’s December 14, 2023, letter. In
addition, this action removes provision
WAC 173–400–107—identified as
inconsistent with CAA requirements—
from the Washington SIP thereby
correcting the deficiency identified in
our 2015 SSM SIP call with respect to
Washington State Department of
Ecology.
Once this approval becomes effective,
changes to WAC 173–400 will apply
specifically to the jurisdictions of
Washington Department of Ecology and
Benton Clean Air Agency. Under the
applicability provisions of WAC 173–
405–012, WAC 173–410–012, and WAC
173–415–012, BCAA does not have
jurisdiction for kraft pulp mills, sulfite
pulping mills, and primary aluminum
plants. For these sources, Washington
Department of Ecology retains
statewide, direct jurisdiction over these
sources.
Once this approval becomes effective,
the Washington SIP will include the
following regulations:
3 2015
4 See
SSM SIP call, 80 FR 33840, June 12, 2015.
87 FR 78617, December 22, 2022.
to create source-specific AELs without
submitting those AELs to EPA for
approval into the SIP. EPA further
identified the concern that West
Virginia’s AEL process ‘‘could lead to
inconsistent alternative limits for
sources that should probably have
similar alternative limits for startup and
shutdown.’’ 5 However, in light of the
fact that the SIP revision process for the
AELs created pursuant to WAC 173–
400–081 allows both EPA and any
concerned members of the public an
opportunity to identify any alleged
inconsistencies, those concerns are not
applicable here. For the aforementioned
reasons and those stated in our
proposed approval, EPA is finalizing
approval of this provision.
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5 See
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• WAC 173–400–030, Definitions
(State effective 9/16/2018)—Establishes
definitions used throughout Chapter
173–400 WAC;
• WAC 173–400–070, Emission
Standards for Certain Source Categories
(State effective 9/16/2018)—sets forth
maximum allowable standards for
emissions units within the categories
listed;
• WAC 173–400–081, Emission
Limits during Startup and Shutdown
(State effective 9/16/2018)—establishes
pathway for developing emissions limits
that apply during startup and shutdown;
• WAC 173–400–082, Alternative
Emission Limit That Exceeds an
Emission Standard in the SIP (State
effective 9/16/2018)—establishes
pathway for an owner or operator to
request an alternative emissions limit;
• WAC 173–400–171 Public
Involvement (State effective 9/16/
2018)—sets forth certain requirements
for public involvement;
• WAC 173–405–040, Emission
Standards (State effective 5/24/2018)—
sets forth certain emission standards for
kraft pulping mills;
• WAC 173–410–040, Emission
Standards (State effective 5/24/2018)—
sets forth certain emission standards for
sulfite pulping mills;
• WAC 173–415–030, Emission
Standards (State effective 5/24/2018)—
sets forth certain emission standards for
primary aluminum plants.
Once this approval becomes effective,
the Washington SIP will no longer
include the following regulations:
• WAC 173–400–107, Excess
Emissions—established a pathway to
determine excess emissions
unavoidable, excuse them from penalty,
and certain instances preclude them
from being considered violations;
• WAC 173–405–077, Report of
Startup, Shutdown, Breakdown or Upset
Conditions—established applicability of
WAC 173–400–107 for kraft pulping
mills;
• WAC 173–410–067, Report of
Startup, Shutdown, Breakdown or Upset
Conditions—established applicability of
WAC 173–400–107 for sulfite pulping
mills;
• WAC 173–415–070, Report of
Startup, Shutdown, Breakdown or Upset
Conditions—established applicability of
WAC 173–400–107 for primary
aluminum plants.
VI. 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, EPA is finalizing the incorporation
by reference of regulatory provisions
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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.6
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VII. 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 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
6 62
FR 27968 (May 22, 1997).
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• 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 air agency 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 this action, it 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
in Washington except as specifically
noted below and is also not approved to
apply in any other area where the EPA
or an Indian tribe has demonstrated that
a tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), nor will it impose
substantial direct costs on tribal
governments or preempt tribal law.
Washington’s SIP is approved to apply
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on non-trust land within the exterior
boundaries of the Puyallup Indian
Reservation, also known as the 1873
Survey Area. Under the Puyallup Tribe
of Indians Settlement Act of 1989, 25
U.S.C. 1773, Congress explicitly
provided State and local agencies in
Washington authority over activities on
non-trust lands within the 1873 Survey
Area. Consistent with EPA policy, the
EPA provided a consultation
opportunity to potentially affected tribes
in a letter dated May 24, 2022.
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 February 26,
2024. 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, Incorporation by
reference, Intergovernmental relations,
Lead, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and
recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Dated: December 18, 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. In § 52.2470:
a. Amend paragraph (c), table 1 by:
i. Revising entries ‘‘173–405–040’’ and
‘‘173–410–040’’;
■ ii. Removing entries ‘‘173–405–077’’
and ‘‘173–410–067’’;
■
■
■
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iii. Revising entry ‘‘173–415–030’’;
and
■ iv. Removing entry ‘‘173–415–070’’.
■ b. Amend paragraph (c), table 2 by:
■ i. Revising entry ‘‘173–400–030’’;
■ ii. Removing entry ‘‘173–400–030 (30)
and (36)’’;
■ iii. Revising entries ‘‘173–400–070’’
and ‘‘173–400–081’’;
■ iv. Adding entry ‘‘173–400–082’’ in
numerical order;
■
v. Removing entry ‘‘173–400–107’’;
and
■ vi. Revising entry ‘‘173–400–171’’;
and
■ c. Amend paragraph (c), table 4 by:
■ i. Revising entry ‘‘173–400–030’’;
■ ii. Removing entry ‘‘173–400–030 (30)
and (36)’’;
■ iii. Revising entries ‘‘173–400–070’’
and ‘‘173–400–081’’;
■
iv. Adding entry ‘‘173–400–082’’ in
numerical order;
■ v. Removing entry ‘‘173–400–107’’;
and
■ vi. Revising entry ‘‘173–400–171’’.
The revisions and additions read as
follows:
■
§ 52.2470
*
Identification of plan.
*
*
(c) * * *
*
*
TABLE 1—REGULATIONS APPROVED STATEWIDE
[Not applicable in Indian reservations (excluding non-trust land within the exterior boundaries of the Puyallup Indian Reservation) and any other
area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction.]
State citation
State
effective
date
Title/subject
EPA approval date
Explanations
Washington Administrative Code, Chapter 173–405—Kraft Pulping Mills
*
173–405–040 .....
*
*
Emissions Standards ............
*
*
5/24/19
*
*
*
12/28/2023, [Insert Federal
Register citation].
*
*
Except:
173–405–040(1)(b);
040(1)(c); 173–405–040(3)(b);
040(3)(c); 173–405–040(4);
040(6)(b).
*
*
*
173–405–
173–405–
173–405–
*
Washington Administrative Code, Chapter 173–410—Sulfite Pulping Mills
173–410–040 .....
Emissions Standards ............
*
*
5/24/19
*
12/28/2023, [Insert Federal
Register citation].
*
Except:
173–410–040(3)(b);
040(5).
*
*
173–410–
*
Washington Administrative Code, Chapter 173–415—Primary Aluminum Plants
173–415–030 .....
Emissions Standards ............
*
*
*
*
*
*
5/24/19
*
12/28/2023, [Insert Federal
Register citation].
*
Except:
173–410–030(1);
030(3)(b).
*
*
173–410–
*
*
TABLE 2—ADDITIONAL REGULATIONS APPROVED FOR WASHINGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT
JURISDICTION
[Applicable in Adams, Asotin, Chelan, Columbia, Douglas, Ferry, Franklin, Garfield, Grant, Kittitas, Klickitat, Lincoln, Okanogan, Pend Oreille,
San Juan, Stevens, Walla Walla, and Whitman counties, excluding facilities subject to Energy Facilities Site Evaluation Council (EFSEC) jurisdiction, Indian reservations (excluding non-trust land within the exterior boundaries of the Puyallup Indian Reservation), and any other
area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. These regulations also apply statewide for facilities
subject to the applicability sections of WAC 173–400–700, 173–405–012, 173–410–012, and 173–415–012.]
State citation
State
effective
date
Title/subject
EPA approval date
Explanations
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Washington Administrative Code, Chapter 173–400—General Regulations for Air Pollution Sources
*
173–400–030 .....
*
*
Definitions .............................
*
173–400–070 .....
*
Emission Standards for Certain Source Categories.
*
*
173–400–081 .....
*
Emissions Limits During
Startup and Shutdown.
*
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9/16/18
*
*
12/28/2023, [Insert Federal
Register citation].
*
Except: 173–400–030(96).
9/16/18
*
*
12/28/2023, [Insert Federal
Register citation].
*
*
Except: 173–400–070(5); 173–400–070(6).
9/16/18
*
*
12/28/2023, [Insert Federal
Register citation].
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*
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TABLE 2—ADDITIONAL REGULATIONS APPROVED FOR WASHINGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT
JURISDICTION—Continued
[Applicable in Adams, Asotin, Chelan, Columbia, Douglas, Ferry, Franklin, Garfield, Grant, Kittitas, Klickitat, Lincoln, Okanogan, Pend Oreille,
San Juan, Stevens, Walla Walla, and Whitman counties, excluding facilities subject to Energy Facilities Site Evaluation Council (EFSEC) jurisdiction, Indian reservations (excluding non-trust land within the exterior boundaries of the Puyallup Indian Reservation), and any other
area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. These regulations also apply statewide for facilities
subject to the applicability sections of WAC 173–400–700, 173–405–012, 173–410–012, and 173–415–012.]
State
effective
date
State citation
Title/subject
173–400–082 .....
Alternative Emissions Limit
That Exceeds an Emission
Standard in the SIP.
*
173–400–171 .....
*
Public Notice and Opportunity for Public Comment.
*
*
*
*
*
*
EPA approval date
9/16/18
*
9/16/18
*
Explanations
12/28/2023, [Insert Federal
Register citation].
*
*
12/28/2023, [Insert Federal
Register citation].
*
*
*
Except: The part of 173–400–171(3)(b) that
says,
• ‘‘or any increase in emissions of a
toxic air pollutant above the acceptable source impact level for that toxic
air pollutant as regulated under chapter 173–460 WAC’’; 173–400–
171(12).
*
*
*
*
TABLE 4—ADDITIONAL REGULATIONS APPROVED FOR THE BENTON CLEAN AIR AGENCY (BCAA) JURISDICTION
[Applicable in Benton County, excluding facilities subject to Energy Facilities Site Evaluation Council (EFSEC) jurisdiction, Indian reservations
and any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction, and facilities subject to the applicability
sections of WAC 173–400–700, 173–405–012, 173–410–012, and 173–415–012.]
State/local
citation
*
Title/subject
*
*
State/local
effective date
*
EPA approval date
*
Explanations
*
*
khammond on DSKJM1Z7X2PROD with RULES
Washington Department of Ecology Regulations
Washington Administrative Code, Chapter 173–400—General Regulations for Air Pollution Sources
*
*
*
173–400–030 .......................... Definitions ..............................
*
9/16/18
*
12/28/2023, [Insert Federal
Register citation].
*
*
Except: 173–400–030(40);
173–400–030(41); 173–
400–030(96).
*
*
*
173–400–070 .......................... Emission Standards for General Process Units.
*
9/16/18
*
12/28/2023, [Insert Federal
Register citation].
*
*
Except: 173–400–070(5);
173–400–070(6).
*
*
*
173–400–081 .......................... Emissions Limits During
Startup and Shutdown.
173–400–082 .......................... Alternative Emissions Limit
That Exceeds an Emission
Standard in the SIP.
*
9/16/18
*
12/28/2023, [Insert Federal
Register citation].
12/28/2023, [Insert Federal
Register citation].
*
*
*
*
173–400–171 .......................... Public Notice and Opportunity
for Public Comment.
*
9/16/18
*
12/28/2023, [Insert Federal
Register citation].
*
*
VerDate Sep<11>2014
*
20:53 Dec 27, 2023
*
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*
Frm 00048
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*
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*
28DER1
*
*
Except: The part of 173–400–
171(3)(b) that says,
• ‘‘or any increase in
emissions of a toxic air
pollutant above the acceptable source impact
level for that toxic air
pollutant as regulated
under chapter 173–460
WAC’’; 173–400–
171(12).
*
Federal Register / Vol. 88, No. 248 / Thursday, December 28, 2023 / Rules and Regulations
*
*
*
*
Region IX, (415) 972–3934,
dorantes.michael@epa.gov.
*
[FR Doc. 2023–28294 Filed 12–27–23; 8:45 am]
BILLING CODE 6560–50–P
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to the EPA.
ENVIRONMENTAL PROTECTION
AGENCY
Table of Contents
I. Summary of Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Statutory and Executive Order Reviews
40 CFR Part 52
[EPA–R09–OAR–2023–0203; FRL–10757–
02–R9]
Approval and Promulgation of
Implementation Plans; Revisions to the
California State Implementation Plan;
San Francisco Bay Area
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action
under the Clean Air Act (CAA or ‘‘Act’’)
to approve a revision to the San
Francisco Bay Area portion of the
California State Implementation Plan
(SIP). This revision consists of updated
transportation conformity procedures
related to the interagency coordination
on project-level conformity and
exchange of travel data for emissions
inventories developed for air quality
plans and regional transportation
conformity analyses. This action
updates the transportation conformity
criteria and procedures in the California
SIP.
DATES: This action is effective January
29, 2024.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R09–OAR–2023–0203. 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 whose
disclosure 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 through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information. If
you need assistance in a language other
than English or if you are a person with
a disability who needs a reasonable
accommodation at no cost to you, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT:
Michael Dorantes, Geographic Strategies
and Modeling Section (AIR–2–2), EPA
khammond on DSKJM1Z7X2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
19:28 Dec 27, 2023
Jkt 262001
I. Summary of Proposed Action
On July 27, 2023, the EPA proposed
to approve a revision to the California
SIP concerning transportation
conformity procedures for the San
Francisco Bay Area.1 The California Air
Resources Board (CARB) submitted
‘‘The San Francisco Bay Area
Transportation Air Quality Conformity
Protocol—Conformity Procedures’’ and
‘‘The San Francisco Bay Area
Transportation Air Quality Conformity
Protocol—Interagency Consultation
Procedures,’’ on May 17, 2021. We refer
to these documents together as the ‘‘San
Francisco Bay Area conformity SIP
submittal.’’ 2 CARB submitted a prior
version of the San Francisco Bay Area
conformity SIP to the EPA for approval
on December 20, 2006. The EPA
approved this SIP revision on October
12, 2007.3 The agencies responsible for
developing and updating the San
Francisco Bay Area conformity SIP—the
Metropolitan Transportation
Commission (MTC), the Bay Area Air
Quality Management District
(BAAQMD), and the Association of Bay
Area Governments (ABAG), in
consultation with the Sacramento Area
Council of Governments (SACOG)—
have since further amended the roles
and responsibilities for implementing
the transportation conformity
interagency consultation process and for
coordinating travel activity data sharing.
The San Francisco Bay Area conformity
SIP submittal also reflects an update to
a memorandum of understanding that
exists between MTC and SACOG as an
1 88
FR 48406 (July 27, 2023).
addition to other supporting documents, the
submittal package included the following
documents: ‘‘San Francisco Bay Area
Transportation Air Quality Conformity Protocol,’’
Revised: February 26, 2020; ‘‘Amended and
Restated Memorandum of Understanding Between
the Metropolitan Transportation Commission and
the Sacramento Area Council of Governments,’’
(September 11, 2018); and a letter dated May 6,
2021, (submitted electronically May 17, 2021), from
Richard W. Corey, Executive Officer, CARB, to
Deborah Jordan, Acting Regional Administrator,
EPA Region IX, Subject: San Francisco Bay Area
State Implementation Plan Amended
Transportation Air Quality Conformity Protocol.
These documents are available in the docket for this
rulemaking.
3 72 FR 58013 (October 12, 2007).
2 In
PO 00000
Frm 00049
Fmt 4700
Sfmt 4700
89587
agreement regarding federal conformity
procedures and programming of federal
Congestion Mitigation and Air Quality
funds in Solano County.4
In our proposal, we evaluated the San
Francisco Bay Area conformity SIP
submittal against the statutory and
regulatory requirements of the CAA, 40
CFR part 93, and 40 CFR 51.390, which
govern state procedures for
transportation conformity and
interagency consultation and concluded
that the submittal meets these
requirements. Furthermore, the
comment period and public hearing
held by MTC for this SIP revision satisfy
the requirements of CAA section 110(l)
and 40 CFR 51.102. A technical support
document (TSD) is included in the
docket for this rulemaking. Specifically,
in our TSD, we identify how the
submitted procedures satisfy
requirements under 40 CFR 93.105 for
interagency consultation with respect to
the development of transportation plans
and programs, SIPs, conformity
determinations, the resolution of
conflicts, the provision of adequate
public consultation, and our
requirements under 40 CFR
93.122(a)(4)(ii) and 93.125(c) for
enforceability of control measures and
mitigation measures. Please refer to our
TSD and notice of proposed rulemaking
for additional information regarding the
content of the revised San Francisco Bay
conformity SIP submittal and our
review.
II. Public Comments and EPA
Responses
The 30-day public comment period
for the notice of proposed rulemaking
closed on August 28, 2023. During this
period, a member of the public
submitted two identical comments to
the EPA in support of the proposed
approval. The full text of these
comments is available for viewing in the
docket for this rulemaking.
III. EPA Action
In accordance with section 110(k)(3)
of the Act, and for the reasons discussed
in our proposed rulemaking and
summarized in this document, we are
finalizing our approval of the San
Francisco Bay Area conformity SIP
submittal as a revision to the California
SIP. The revision will be incorporated
4 See ‘‘Metropolitan Transportation Commission
Resolution No. 2611. Revised, MTC/Sacramento
Area Council of Governments (SACOG)
Memorandum of Understanding (MOU) for Air
Quality Planning in Eastern Solano County’’ and
Metropolitan Transportation Commission
Resolution No. 3757, ‘‘Re: Approval of San
Francisco Bay Area Transportation Air Quality
Conformity Protocol,’’ which is included in the
docket for this rulemaking.
E:\FR\FM\28DER1.SGM
28DER1
]]>Agencies
[Federal Register Volume 88, Number 248 (Thursday, December 28, 2023)]
[Rules and Regulations]
[Pages 89582-89587]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28294]
[[Page 89582]]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2019-0647; FRL-10975-02-R10]
Air Plan Approval; WA; Excess Emissions, Startup, Shutdown, and
Malfunction Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving State
Implementation Plan (SIP) revisions submitted by the State of
Washington, through the Department of Ecology on November 12, 2019. The
revisions were submitted by Washington in response to EPA's June 12,
2015 ``SIP call'' in which EPA found a substantially inadequate
Washington SIP provision providing affirmative defenses that operate to
limit the jurisdiction of the Federal court in an enforcement action
related to excess emissions during startup, shutdown, and malfunction
(SSM) events. EPA's approval of the SIP revisions removes the
substantially inadequate provision which corrects the deficiency
identified in the 2015 SSM SIP call. Washington withdrew some portions
of the revisions submitted that were not identified in the 2015 SSM SIP
call and therefore EPA is not taking final action on those withdrawn
portions.
DATES: This final rule is effective January 29, 2024.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R10-OAR-2019-0647. 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: Randall Ruddick, EPA Region 10, 1200
Sixth Avenue (Suite 155), Seattle WA, 98101, (206) 553-1999,
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we'' or
``our'' is used, it means the EPA.
Table of Contents
I. Background
II. Public Comments and EPA Responses
A. Removal of WAC 173-400-107
B. WAC 173-400-040, General Standards for Maximum Emissions
C. WAC 173-400-081, Emission limits during startup and shutdown
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background
On June 15, 2023 (88 FR 39210), EPA proposed to approve several SIP
revisions submitted by the State of Washington, through the Washington
State Department of Ecology on November 12, 2019. In that proposal, we
also proposed to determine that one of the SIP revisions, the removal
of WAC 173-400-107, corrects the deficiency with respect to Washington
that we identified in our June 12, 2015 action entitled ``State
Implementation Plans: Response to Petition for Rulemaking; Restatement
and Update of EPA's SSM Policy Applicable to SIPs; Findings of
Substantial Inadequacy; and SIP Calls to Amend Provisions Applying to
Excess Emissions During Periods of Startup, Shutdown, and Malfunction''
(``2015 SSM SIP call'') (80 FR 33839, June 12, 2015).\1\ The remaining
SIP revisions submitted with the request to remove WAC 173-400-107 on
November 12, 2019, were not subject to the 2015 SSM SIP call. The
reasons for our proposed approval and determination can be found in the
proposed action and will not be fully restated here (88 FR 39210, June
15, 2023).
---------------------------------------------------------------------------
\1\ The term ``SIP call'' refers to the requirement for a
revised SIP in response to a finding by the EPA that a SIP is
``substantially inadequate'' to meet CAA requirements pursuant to
CAA section 110(k)(5), titled ``Calls for plan revisions.''
---------------------------------------------------------------------------
II. Public Comments and EPA Responses
The EPA's proposed action provided a 30-day public comment period
which ended on July 17, 2023. We received one set of comments from the
public signed by representatives of the Sierra Club and Environmental
Integrity Project. The full text of the comments is available in the
docket for this rulemaking. Issues raised in the comments, and our
responses are summarized below.
A. Removal of WAC 173-400-107
WAC 173-400-107 was the only provision identified as deficient for
Washington State Department of Ecology in the 2015 SSM SIP call. The
commenters agreed that removal of WAC 173-400-107 from the SIP would
satisfy the 2015 SSM SIP call. EPA acknowledges the commenter's support
and is finalizing the removal of WAC 173-400-107 in this action. As
stated in our proposed approval (88 FR 39210, June 15, 2023), EPA's
removal of the provision providing for an affirmative defense corrects
the deficiency identified in our 2015 SSM SIP call regarding the
Washington State Department of Ecology. The remaining SIP revisions
submitted with the request to remove WAC 173-400-107 on November 12,
2019, were not subject to the 2015 SSM SIP call.
B. WAC 173-400-040, General Standards for Maximum Emissions
The commenters ``generally agree that Washington's proposal is
generally an improvement over the current SSM exemptions'' but also
raised several concerns regarding the revisions to WAC 173-400-040 that
we proposed to approve. On December 12, 2023, the State withdrew those
revisions from its November 12, 2019, submittal via letter to EPA.\2\
Accordingly, EPA is not taking final action on those revisions and
therefore is not responding to the portions of the comment regarding
WAC 173-400-040 in this action.
---------------------------------------------------------------------------
\2\ See 104_state submittal_Withdrawal Letter 12-14-2023.pdf
which is included in the docket for this action.
---------------------------------------------------------------------------
Washington also withdrew three analogs to WAC 173-400-040,
specifically: WAC 173-405-040(6)(b), WAC 173-410-040(3)(b), and WAC
173-415-030(3)(b). Accordingly, EPA is not finalizing the proposed
approval of these withdrawn provisions. Should these or other revisions
be submitted to EPA for approval, EPA will publish an additional
proposed rule and provide an opportunity for public comment prior to
taking any final action on them.
The 2015 SSM SIP call did not obligate Washington to make or submit
any revisions other than removing WAC 173-400-040. Accordingly,
approval of the remaining revisions as well as the withdrawal of some
of them do not affect the disposition of Washington's obligation under
the 2015 SSM SIP call. As stated above and in our proposed approval,
the portion of the November 12, 2019, removing WAC 173-400-107
[[Page 89583]]
from the SIP and the State regulations is fully responsive to the 2015
SSM SIP call and no further action is required to satisfy the 2015 SSM
SIP call.
C. WAC 173-400-081, Emission Limits During Startup and Shutdown
Comment. The commenters claim that this provision does not comport
with ``[t]he first criterion of EPA's seven for approving AELs
[alternative emission limitations]'' as it is not ``limited to
specific, narrowly defined source categories using specific control
strategies.'' \3\ The commenters assert ``[s]ource-specific alternative
emission limitations, generally, are not proper.'' The commenters also
assert ``the source-by-source approach that Washington is taking here
`could lead to inconsistent alternative limits for sources that should
probably have similar alternative limits for startup or shutdown,'''
citing a Federal Register notice in which EPA proposed disapproval of
AELs submitted for approval into the West Virginia SIP.\4\ The
commenters also assert that ``a source-by-source approach makes it
difficult to consider the cumulative impact of all the source-specific
emission limitations on air quality.''
---------------------------------------------------------------------------
\3\ 2015 SSM SIP call, 80 FR 33840, June 12, 2015.
\4\ See 87 FR 78617, December 22, 2022.
---------------------------------------------------------------------------
Response. As stated in the 2015 SSM SIP call, EPA believes there
will be limited cases where it may be necessary to develop source-
specific emission requirements for startup and or shutdown. WAC 173-
400-081 merely establishes a pathway for such limited cases as may be
necessary. Any source-specific emission limits developed pursuant to
this provision must go through the SIP approval process and any
comments on actual emissions limits could be raised during those
individual rulemaking actions. Therefore, EPA believes the commenters'
concerns are premature regarding whether any future AELs submitted
through this process would meet the recommended criteria in the 2015
SSM SIP call. Moreover, EPA has acknowledged that source-specific AELs
could be appropriate in some limited circumstances, so we disagree that
merely establishing a pathway for developing such AELs and revising the
SIP accordingly is inconsistent with the 2015 SSM SIP Call.
We also disagree that EPA's prior disapproval of West Virginia's
AELs, as referenced by the commenters, supports disapproval here. EPA
disapproved West Virginia's submittal primarily because the provisions
at issue would have provided the State with discretion to create
source-specific AELs without submitting those AELs to EPA for approval
into the SIP. EPA further identified the concern that West Virginia's
AEL process ``could lead to inconsistent alternative limits for sources
that should probably have similar alternative limits for startup and
shutdown.'' \5\ However, in light of the fact that the SIP revision
process for the AELs created pursuant to WAC 173-400-081 allows both
EPA and any concerned members of the public an opportunity to identify
any alleged inconsistencies, those concerns are not applicable here.
For the aforementioned reasons and those stated in our proposed
approval, EPA is finalizing approval of this provision.
---------------------------------------------------------------------------
\5\ See 87 FR 78620, December 22, 2022.
---------------------------------------------------------------------------
IV. Final Action
EPA is approving and incorporating by reference in the Washington
SIP at 40 CFR 52.2470(c) revisions to WAC 173-400-030, 173-400-070,
173-400-081, and 173-400-171 (State effective 9/16/2018); revisions to
173-405-040, 173-410-040, and 173-415-030 (State effective 5/24/2018);
the addition of WAC 173-400-082 (State effective 9/16/2018); and the
removal of 173-405-077, 173-410-067, and 173-415-070. This approval is
consistent with the exceptions requested by the State in the November
5, 2019, submittal as described in the proposal for this action and set
forth in the amendments to 40 CFR part 52 below. This approval is also
consistent with the State's withdrawal of certain revisions as
described in the State's December 14, 2023, letter. In addition, this
action removes provision WAC 173-400-107--identified as inconsistent
with CAA requirements--from the Washington SIP thereby correcting the
deficiency identified in our 2015 SSM SIP call with respect to
Washington State Department of Ecology.
Once this approval becomes effective, changes to WAC 173-400 will
apply specifically to the jurisdictions of Washington Department of
Ecology and Benton Clean Air Agency. Under the applicability provisions
of WAC 173-405-012, WAC 173-410-012, and WAC 173-415-012, BCAA does not
have jurisdiction for kraft pulp mills, sulfite pulping mills, and
primary aluminum plants. For these sources, Washington Department of
Ecology retains statewide, direct jurisdiction over these sources.
Once this approval becomes effective, the Washington SIP will
include the following regulations:
WAC 173-400-030, Definitions (State effective 9/16/2018)--
Establishes definitions used throughout Chapter 173-400 WAC;
WAC 173-400-070, Emission Standards for Certain Source
Categories (State effective 9/16/2018)--sets forth maximum allowable
standards for emissions units within the categories listed;
WAC 173-400-081, Emission Limits during Startup and
Shutdown (State effective 9/16/2018)--establishes pathway for
developing emissions limits that apply during startup and shutdown;
WAC 173-400-082, Alternative Emission Limit That Exceeds
an Emission Standard in the SIP (State effective 9/16/2018)--
establishes pathway for an owner or operator to request an alternative
emissions limit;
WAC 173-400-171 Public Involvement (State effective 9/16/
2018)--sets forth certain requirements for public involvement;
WAC 173-405-040, Emission Standards (State effective 5/24/
2018)--sets forth certain emission standards for kraft pulping mills;
WAC 173-410-040, Emission Standards (State effective 5/24/
2018)--sets forth certain emission standards for sulfite pulping mills;
WAC 173-415-030, Emission Standards (State effective 5/24/
2018)--sets forth certain emission standards for primary aluminum
plants.
Once this approval becomes effective, the Washington SIP will no
longer include the following regulations:
WAC 173-400-107, Excess Emissions--established a pathway
to determine excess emissions unavoidable, excuse them from penalty,
and certain instances preclude them from being considered violations;
WAC 173-405-077, Report of Startup, Shutdown, Breakdown or
Upset Conditions--established applicability of WAC 173-400-107 for
kraft pulping mills;
WAC 173-410-067, Report of Startup, Shutdown, Breakdown or
Upset Conditions--established applicability of WAC 173-400-107 for
sulfite pulping mills;
WAC 173-415-070, Report of Startup, Shutdown, Breakdown or
Upset Conditions--established applicability of WAC 173-400-107 for
primary aluminum plants.
VI. 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, EPA is finalizing the incorporation by reference of
regulatory provisions
[[Page 89584]]
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.\6\
---------------------------------------------------------------------------
\6\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
VII. 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 13563 (76 FR 3821, January 21,
2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); 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 air agency 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 this action, it 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 in Washington except as specifically noted below and
is also not approved to apply in any other area where the EPA or an
Indian tribe has demonstrated that a tribe has jurisdiction. In those
areas of Indian country, the rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor
will it impose substantial direct costs on tribal governments or
preempt tribal law. Washington's SIP is approved to apply on non-trust
land within the exterior boundaries of the Puyallup Indian Reservation,
also known as the 1873 Survey Area. Under the Puyallup Tribe of Indians
Settlement Act of 1989, 25 U.S.C. 1773, Congress explicitly provided
State and local agencies in Washington authority over activities on
non-trust lands within the 1873 Survey Area. Consistent with EPA
policy, the EPA provided a consultation opportunity to potentially
affected tribes in a letter dated May 24, 2022.
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 February 26, 2024. 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, Incorporation by
reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Dated: December 18, 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. In Sec. 52.2470:
0
a. Amend paragraph (c), table 1 by:
0
i. Revising entries ``173-405-040'' and ``173-410-040'';
0
ii. Removing entries ``173-405-077'' and ``173-410-067'';
[[Page 89585]]
0
iii. Revising entry ``173-415-030''; and
0
iv. Removing entry ``173-415-070''.
0
b. Amend paragraph (c), table 2 by:
0
i. Revising entry ``173-400-030'';
0
ii. Removing entry ``173-400-030 (30) and (36)'';
0
iii. Revising entries ``173-400-070'' and ``173-400-081'';
0
iv. Adding entry ``173-400-082'' in numerical order;
0
v. Removing entry ``173-400-107''; and
0
vi. Revising entry ``173-400-171''; and
0
c. Amend paragraph (c), table 4 by:
0
i. Revising entry ``173-400-030'';
0
ii. Removing entry ``173-400-030 (30) and (36)'';
0
iii. Revising entries ``173-400-070'' and ``173-400-081'';
0
iv. Adding entry ``173-400-082'' in numerical order;
0
v. Removing entry ``173-400-107''; and
0
vi. Revising entry ``173-400-171''.
The revisions and additions read as follows:
Sec. 52.2470 Identification of plan.
* * * * *
(c) * * *
Table 1--Regulations Approved Statewide
[Not applicable in Indian reservations (excluding non-trust land within the exterior boundaries of the Puyallup
Indian Reservation) and any other area where the EPA or an Indian tribe has demonstrated that a tribe has
jurisdiction.]
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date Explanations
----------------------------------------------------------------------------------------------------------------
Washington Administrative Code, Chapter 173-405--Kraft Pulping Mills
----------------------------------------------------------------------------------------------------------------
* * * * * * *
173-405-040................ Emissions Standards.. 5/24/19 12/28/2023, [Insert Except: 173-405-
Federal Register 040(1)(b); 173-405-
citation]. 040(1)(c); 173-405-
040(3)(b); 173-405-
040(3)(c); 173-405-
040(4); 173-405-
040(6)(b).
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Washington Administrative Code, Chapter 173-410--Sulfite Pulping Mills
----------------------------------------------------------------------------------------------------------------
173-410-040................ Emissions Standards.. 5/24/19 12/28/2023, [Insert Except: 173-410-
Federal Register 040(3)(b); 173-410-
citation]. 040(5).
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Washington Administrative Code, Chapter 173-415--Primary Aluminum Plants
----------------------------------------------------------------------------------------------------------------
173-415-030................ Emissions Standards.. 5/24/19 12/28/2023, [Insert Except: 173-410-
Federal Register 030(1); 173-410-
citation]. 030(3)(b).
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
Table 2--Additional Regulations Approved for Washington Department of Ecology (Ecology) Direct Jurisdiction
[Applicable in Adams, Asotin, Chelan, Columbia, Douglas, Ferry, Franklin, Garfield, Grant, Kittitas, Klickitat,
Lincoln, Okanogan, Pend Oreille, San Juan, Stevens, Walla Walla, and Whitman counties, excluding facilities
subject to Energy Facilities Site Evaluation Council (EFSEC) jurisdiction, Indian reservations (excluding non-
trust land within the exterior boundaries of the Puyallup Indian Reservation), and any other area where the EPA
or an Indian tribe has demonstrated that a tribe has jurisdiction. These regulations also apply statewide for
facilities subject to the applicability sections of WAC 173-400-700, 173-405-012, 173-410-012, and 173-415-012.]
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date Explanations
----------------------------------------------------------------------------------------------------------------
Washington Administrative Code, Chapter 173-400--General Regulations for Air Pollution Sources
----------------------------------------------------------------------------------------------------------------
* * * * * * *
173-400-030................ Definitions.......... 9/16/18 12/28/2023, [Insert Except: 173-400-
Federal Register 030(96).
citation].
* * * * * * *
173-400-070................ Emission Standards 9/16/18 12/28/2023, [Insert Except: 173-400-
for Certain Source Federal Register 070(5); 173-400-
Categories. citation]. 070(6).
* * * * * * *
173-400-081................ Emissions Limits 9/16/18 12/28/2023, [Insert
During Startup and Federal Register
Shutdown. citation].
[[Page 89586]]
173-400-082................ Alternative Emissions 9/16/18 12/28/2023, [Insert
Limit That Exceeds Federal Register
an Emission Standard citation].
in the SIP.
* * * * * * *
173-400-171................ Public Notice and 9/16/18 12/28/2023, [Insert Except: The part of
Opportunity for Federal Register 173-400-171(3)(b)
Public Comment. citation]. that says,
``or any
increase in
emissions of a toxic
air pollutant above
the acceptable
source impact level
for that toxic air
pollutant as
regulated under
chapter 173-460
WAC''; 173-400-
171(12).
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
Table 4--Additional Regulations Approved for the Benton Clean Air Agency (BCAA) Jurisdiction
[Applicable in Benton County, excluding facilities subject to Energy Facilities Site Evaluation Council (EFSEC)
jurisdiction, Indian reservations and any other area where the EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction, and facilities subject to the applicability sections of WAC 173-400-700, 173-405-012,
173-410-012, and 173-415-012.]
----------------------------------------------------------------------------------------------------------------
State/local
State/local citation Title/subject effective date EPA approval date Explanations
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Washington Department of Ecology Regulations
Washington Administrative Code, Chapter 173-400--General Regulations for Air Pollution Sources
----------------------------------------------------------------------------------------------------------------
* * * * * * *
173-400-030...................... Definitions........ 9/16/18 12/28/2023, [Insert Except: 173-400-
Federal Register 030(40); 173-400-
citation]. 030(41); 173-400-
030(96).
* * * * * * *
173-400-070...................... Emission Standards 9/16/18 12/28/2023, [Insert Except: 173-400-
for General Federal Register 070(5); 173-400-
Process Units. citation]. 070(6).
* * * * * * *
173-400-081...................... Emissions Limits 9/16/18 12/28/2023, [Insert
During Startup and Federal Register
Shutdown. citation].
173-400-082...................... Alternative 9/16/18 12/28/2023, [Insert
Emissions Limit Federal Register
That Exceeds an citation].
Emission Standard
in the SIP.
* * * * * * *
173-400-171...................... Public Notice and 9/16/18 12/28/2023, [Insert Except: The part of
Opportunity for Federal Register 173-400-171(3)(b)
Public Comment. citation]. that says,
``or any
increase in
emissions of a
toxic air
pollutant above
the acceptable
source impact
level for that
toxic air
pollutant as
regulated under
chapter 173-460
WAC''; 173-400-
171(12).
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[[Page 89587]]
* * * * *
[FR Doc. 2023-28294 Filed 12-27-23; 8:45 am]
BILLING CODE 6560-50-P
