Air Plan Approval; WA; Southwest Clean Air Agency; Revisions to Excess Emissions, Startup, Shutdown, and General Requirements, 19650-19652 [2025-07846]
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19650
Federal Register / Vol. 90, No. 89 / Friday, May 9, 2025 / Rules and Regulations
(d) Enforcement period. This section
will be enforced from 6 a.m. to 5 p.m.
on May 10, 2025.
Jason D. Ingram,
Captain, U.S. Coast Guard, Captain of the
Port Key West.
[FR Doc. 2025–08170 Filed 5–8–25; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2024–0373; FRL–12413–
02–R10]
Air Plan Approval; WA; Southwest
Clean Air Agency; Revisions to Excess
Emissions, Startup, Shutdown, and
General Requirements
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
lotter on DSK11XQN23PROD with RULES1
Table of Contents
The Environmental Protection
Agency (EPA) is approving Washington
State Implementation Plan (SIP)
revisions to the Southwest Clean Air
Agency (SWCAA) air quality regulations
submitted by the State of Washington,
through the Department of Ecology
(Ecology) on June 22, 2023. The
revisions were submitted in part to
respond to the EPA’s June 12, 2015 ‘‘SIP
call’’ in which the EPA found a
provision in the Washington SIP
applicable in the area regulated by
SWCAA to be substantially inadequate,
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. The EPA’s approval of the
SIP revisions to the substantially
inadequate provision corrects the
SWCAA deficiency identified in the
2015 SSM SIP call and the EPA’s
January 2022 finding of failure to
submit. Washington withdrew some
portions of the revisions submitted that
were not identified in the 2015 SSM SIP
call and therefore the EPA is not
approving those withdrawn portions.
The EPA proposed to approve this
action on December 10, 2024, and
received no comments.
DATES: This final rule is effective June
9, 2025.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R10–OAR–2024–0373. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
SUMMARY:
VerDate Sep<11>2014
16:02 May 08, 2025
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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; or email
ruddick.randall@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ or ‘‘our,’’ is used, it refers to the
EPA.
I. Background
II. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. Background
On December 10, 2024 (89 FR 99177),
the EPA proposed to approve State
Implementation Plan (SIP) revisions to
the Southwest Clean Air Agency
(SWCAA) air quality regulations
submitted by the State of Washington,
through the Department of Ecology
(Ecology) on June 22, 2023. In that
proposal, we also proposed to determine
that the revisions to SWCAA’s Rule
400–107, corrects the deficiency with
respect to SWCAA 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’’ 1 (‘‘2015
SSM SIP call’’) and our January 12,
2022, Findings of Failure to Submit 2
(FFS). The remaining SIP revisions
submitted with the revised SWCAA
Rule 400–107 on June 15, 2023, were
not specified in 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
1 80
FR 33839, June 12, 2015.
of Failure To Submit State
Implementation Plan Revisions in Response to the
2015 Findings of Substantial Inadequacy and SIP
Calls To Amend Provisions Applying To Excess
Emissions During Periods of Startup, Shutdown,
and Malfunction, 87 FR 1680 (January 12, 2022),
available at www.regulations.gov, Docket ID No.
EPA–HQ–OAR–2021–0863.
2 Findings
PO 00000
Frm 00028
Fmt 4700
Sfmt 4700
restated here. The public comment
period for our proposed approval and
determination ended on January 9,
2025, and no comments were received,
adverse or otherwise. Therefore, we are
finalizing our action as proposed.
II. Final Action
The EPA is approving and
incorporating by reference in the
Washington SIP the revisions
Washington submitted on June 22, 2023,
except for those withdrawn by
Washington.3 This action includes
revisions to SWCAA Rule 400–107—the
provision identified as inconsistent with
Clean Air Act (CAA) requirements in
our 2015 SSM SIP call—for the SWCAA.
Once this action becomes effective,
the Washington SIP will no longer
include the following regulation for
SWCAA’s jurisdiction:
SWCAA Rule 400–070(2)(a), Emission
Standards for Certain Source Categories,
(State effective September 21, 1995);
This action also approves and
incorporates by reference at 40 CFR
52.2470(c)—Table 8—Additional
Regulations Approved for the Southwest
Clean Air Agency (SWCAA) Jurisdiction,
the following revised regulations:
• SWCAA Rule 400–040, General
Standards for Maximum Emissions,
establishing maximum emissions
allowed in certain instances, (State
effective September 10, 2021);
• SWCAA Rule 400–070, General
Requirements for Certain Source
Categories, establishing general
standards for certain sources, (State
effective September 10, 2021);
• SWCAA Rule 400–081, Startup and
Shutdown, establishing certain
modeling and control technology
determinations for periods of startup
and shutdown (State effective
September 10, 2021);
• SWCAA Rule 400–107, Excess
Emissions, establishing reporting and
excusing of certain excess emissions,
(State effective September 10, 2021).
These SIP revisions apply specifically
to the jurisdiction of the Southwest
Clean Air Agency in Washington State.
III. Incorporation by Reference
In this rule, the EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is finalizing the
incorporation by reference as described
in section II of this preamble. The EPA
has made, and will continue to make,
3 See 201_state submittal supplement_SWCAA
Partial Withdrawal Request Letter—Ecology.pdf and
202_state submittal supplement_SWCAA Partial
Withdrawal Request Letter—SWCAA.pdf included
in the docket for this action.
E:\FR\FM\09MYR1.SGM
09MYR1
Federal Register / Vol. 90, No. 89 / Friday, May 9, 2025 / Rules and Regulations
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.4 Also in
this document, the EPA is removing
regulatory text from incorporated by
reference, as described in section II. of
this preamble.
IV. Statutory and Executive Orders
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the
EPA’s role is to approve State choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely 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 Order 12866 (58 FR 51735,
October 4, 1993);
• 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 CAA.
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).
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
19651
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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: April 17, 2025.
Emma Pokon,
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, in paragraph (c),
amend table 8, under the heading
‘‘General Regulations for Air Pollution
Sources’’ by:
■ a. Revising entry ‘‘400–040’’;
■ b. Removing entry ‘‘400–070(2)(a)’’;
and
■ c. Revising entries ‘‘400–070’’, ‘‘400–
81’’, and ‘‘400–107’’.
The revisions 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
Title/subject
State/local
effective
date
EPA approval date
Explanations
lotter on DSK11XQN23PROD with RULES1
Southwest Clean Air Agency Regulations
General Regulations for Air Pollution Sources
*
400–040 .............
4 62
*
General Standards
for Maximum
Emissions.
*
9/10/21
*
*
5/9/2025, 90 FR [INSERT FEDERAL
REGISTER PAGE WHERE THE DOCUMENT BEGINS].
*
*
Except: 400–040(1)(a), (c) and (d); 400–
040(2); and 400–040(4).
FR 27968 (May 22, 1997).
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09MYR1
19652
Federal Register / Vol. 90, No. 89 / Friday, May 9, 2025 / Rules and Regulations
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
*
400–070 .............
*
General Requirements for Certain
Source Categories.
*
9/10/21
*
*
5/9/2025, 90 FR [INSERT FEDERAL
REGISTER PAGE WHERE THE DOCUMENT BEGINS].
*
400–081 .............
*
Startup and Shutdown.
*
9/10/21
*
*
5/9/2025, 90 FR [INSERT FEDERAL
REGISTER PAGE WHERE THE DOCUMENT BEGINS].
*
*
*
400–107 .............
*
Excess Emissions ..
*
9/10/21
*
*
5/9/2025, 90 FR [INSERT FEDERAL
REGISTER PAGE WHERE THE DOCUMENT BEGINS].
*
*
*
*
*
*
*
*
*
*
*
*
40 CFR Part 52
[EPA–R04–OAR–2024–0174; FRL–12570–
02–R4]
Air Plan Approval; Alabama;
Administrative Corrections and VOC
Definition
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a State
Implementation Plan (SIP) revision
submitted by the State of Alabama,
through the Alabama Department of
Environmental Management (ADEM) on
December 20, 2023. The revision
modifies the State’s air quality
regulations as incorporated into the SIP
by changing the definition of ‘‘volatile
organic compounds’’ (VOC) to be
consistent with federal regulations. The
revision also addresses typographical
errors and increases clarity and
consistency with EPA’s definitions and
Alabama’s Legislative Services Agency
requirements.
SUMMARY:
Jkt 265001
This rule is effective June 9,
EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2024–0174. All documents in the docket
are listed on the regulations.gov
website. Although listed in the index,
some information may not be publicly
available, i.e., 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 either electronically through
www.regulations.gov or in hard copy at
the Air Regulatory Management Section,
Air Planning and Implementation
Branch, Air and Radiation Division,
U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street SW, Atlanta,
Georgia 30303–8960. EPA requests that,
if at all possible, you contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your
inspection. The Regional Office’s
official hours of business are Monday
through Friday 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Weston Freund, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air and
PO 00000
Frm 00030
Fmt 4700
*
*
Except: 400–070(3)(b); 400–070(5);
400–070(6); 400–070(7); 400–
070(8)(c); 400–070(9); 400–070(10);
400–070(11); 400–070(12); 400–
070(14); 400–070(15)(c); and 400–
070(16).
*
ADDRESSES:
ENVIRONMENTAL PROTECTION
AGENCY
lotter on DSK11XQN23PROD with RULES1
Explanations
2025.
BILLING CODE 6560–50–P
16:02 May 08, 2025
*
DATES:
[FR Doc. 2025–07846 Filed 5–8–25; 8:45 am]
VerDate Sep<11>2014
EPA approval date
Sfmt 4700
Radiation Division, Region 4, U.S.
Environmental Protection Agency, 61
Forsyth Street SW, Atlanta, Georgia
30303–8960. The telephone number is
(404) 562–8773. Mr. Freund can also be
reached via electronic mail at
freund.weston@epa.gov.
SUPPLEMENTARY INFORMATION:
I. This Action
EPA is approving changes to the
Alabama SIP submitted by the State of
Alabama through a letter dated
December 20, 2023,1 amending Chapter
No. 335–3–1, General Provisions;
Chapter No. 335–3–5, Control of Sulfur
Compound Emissions; and Chapter No.
335–3–8, Nitrogen Oxides Emissions, to
be consistent with federal regulations,
address typographical errors, and
increase clarity and consistency with
EPA’s definitions and Alabama’s
Legislative Services Agency
requirements.
Through a notice of proposed
rulemaking (NPRM), published on
March 7, 2025 (90 FR 11500), EPA
proposed to approve the December 20,
2023, changes to Alabama
Administrative Code Rule 335–3–1–.02,
Definitions; Rules 335–3–5–.10, TR SO2
Trading Program—Computation of
Time; 335–3–5–.11, Administrative
1 Alabama submitted other revisions to the SIP
under the December 20, 2023, cover letter that are
not addressed in this rulemaking. EPA will act on
those SIP revisions in separate rulemakings.
E:\FR\FM\09MYR1.SGM
09MYR1
]]>Agencies
[Federal Register Volume 90, Number 89 (Friday, May 9, 2025)]
[Rules and Regulations]
[Pages 19650-19652]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-07846]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2024-0373; FRL-12413-02-R10]
Air Plan Approval; WA; Southwest Clean Air Agency; Revisions to
Excess Emissions, Startup, Shutdown, and General Requirements
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving
Washington State Implementation Plan (SIP) revisions to the Southwest
Clean Air Agency (SWCAA) air quality regulations submitted by the State
of Washington, through the Department of Ecology (Ecology) on June 22,
2023. The revisions were submitted in part to respond to the EPA's June
12, 2015 ``SIP call'' in which the EPA found a provision in the
Washington SIP applicable in the area regulated by SWCAA to be
substantially inadequate, 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. The EPA's approval of the SIP revisions to the
substantially inadequate provision corrects the SWCAA deficiency
identified in the 2015 SSM SIP call and the EPA's January 2022 finding
of failure to submit. Washington withdrew some portions of the
revisions submitted that were not identified in the 2015 SSM SIP call
and therefore the EPA is not approving those withdrawn portions. The
EPA proposed to approve this action on December 10, 2024, and received
no comments.
DATES: This final rule is effective June 9, 2025.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R10-OAR-2024-0373. 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; or email
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' or
``our,'' is used, it refers to the EPA.
Table of Contents
I. Background
II. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. Background
On December 10, 2024 (89 FR 99177), the EPA proposed to approve
State Implementation Plan (SIP) revisions to the Southwest Clean Air
Agency (SWCAA) air quality regulations submitted by the State of
Washington, through the Department of Ecology (Ecology) on June 22,
2023. In that proposal, we also proposed to determine that the
revisions to SWCAA's Rule 400-107, corrects the deficiency with respect
to SWCAA 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'' \1\ (``2015 SSM SIP call'') and our January 12, 2022,
Findings of Failure to Submit \2\ (FFS). The remaining SIP revisions
submitted with the revised SWCAA Rule 400-107 on June 15, 2023, were
not specified in 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. The public comment period for our proposed
approval and determination ended on January 9, 2025, and no comments
were received, adverse or otherwise. Therefore, we are finalizing our
action as proposed.
---------------------------------------------------------------------------
\1\ 80 FR 33839, June 12, 2015.
\2\ Findings of Failure To Submit State Implementation Plan
Revisions in Response to the 2015 Findings of Substantial Inadequacy
and SIP Calls To Amend Provisions Applying To Excess Emissions
During Periods of Startup, Shutdown, and Malfunction, 87 FR 1680
(January 12, 2022), available at www.regulations.gov, Docket ID No.
EPA-HQ-OAR-2021-0863.
---------------------------------------------------------------------------
II. Final Action
The EPA is approving and incorporating by reference in the
Washington SIP the revisions Washington submitted on June 22, 2023,
except for those withdrawn by Washington.\3\ This action includes
revisions to SWCAA Rule 400-107--the provision identified as
inconsistent with Clean Air Act (CAA) requirements in our 2015 SSM SIP
call--for the SWCAA.
---------------------------------------------------------------------------
\3\ See 201_state submittal supplement_SWCAA Partial Withdrawal
Request Letter--Ecology.pdf and 202_state submittal supplement_SWCAA
Partial Withdrawal Request Letter--SWCAA.pdf included in the docket
for this action.
---------------------------------------------------------------------------
Once this action becomes effective, the Washington SIP will no
longer include the following regulation for SWCAA's jurisdiction:
SWCAA Rule 400-070(2)(a), Emission Standards for Certain Source
Categories, (State effective September 21, 1995);
This action also approves and incorporates by reference at 40 CFR
52.2470(c)--Table 8--Additional Regulations Approved for the Southwest
Clean Air Agency (SWCAA) Jurisdiction, the following revised
regulations:
SWCAA Rule 400-040, General Standards for Maximum
Emissions, establishing maximum emissions allowed in certain instances,
(State effective September 10, 2021);
SWCAA Rule 400-070, General Requirements for Certain
Source Categories, establishing general standards for certain sources,
(State effective September 10, 2021);
SWCAA Rule 400-081, Startup and Shutdown, establishing
certain modeling and control technology determinations for periods of
startup and shutdown (State effective September 10, 2021);
SWCAA Rule 400-107, Excess Emissions, establishing
reporting and excusing of certain excess emissions, (State effective
September 10, 2021).
These SIP revisions apply specifically to the jurisdiction of the
Southwest Clean Air Agency in Washington State.
III. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference as described
in section II of this preamble. The EPA has made, and will continue to
make,
[[Page 19651]]
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.\4\ Also in this document, the
EPA is removing regulatory text from incorporated by reference, as
described in section II. of this preamble.
---------------------------------------------------------------------------
\4\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
IV. Statutory and Executive Orders Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve State choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely 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 Order
12866 (58 FR 51735, October 4, 1993);
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 CAA.
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).
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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: April 17, 2025.
Emma Pokon,
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, in paragraph (c), amend table 8, under the heading
``General Regulations for Air Pollution Sources'' by:
0
a. Revising entry ``400-040'';
0
b. Removing entry ``400-070(2)(a)''; and
0
c. Revising entries ``400-070'', ``400-81'', and ``400-107''.
The revisions 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 date EPA approval date Explanations
----------------------------------------------------------------------------------------------------------------
Southwest Clean Air Agency Regulations
General Regulations for Air Pollution Sources
----------------------------------------------------------------------------------------------------------------
* * * * * * *
400-040................. General Standards 9/10/21 5/9/2025, 90 FR [INSERT Except: 400-040(1)(a),
for Maximum FEDERAL REGISTER PAGE (c) and (d); 400-
Emissions. WHERE THE DOCUMENT 040(2); and 400-
BEGINS]. 040(4).
[[Page 19652]]
* * * * * * *
400-070................. General 9/10/21 5/9/2025, 90 FR [INSERT Except: 400-070(3)(b);
Requirements for FEDERAL REGISTER PAGE 400-070(5); 400-
Certain Source WHERE THE DOCUMENT 070(6); 400-070(7);
Categories. BEGINS]. 400-070(8)(c); 400-
070(9); 400-070(10);
400-070(11); 400-
070(12); 400-070(14);
400-070(15)(c); and
400-070(16).
* * * * * * *
400-081................. Startup and 9/10/21 5/9/2025, 90 FR [INSERT .......................
Shutdown. FEDERAL REGISTER PAGE
WHERE THE DOCUMENT
BEGINS].
* * * * * * *
400-107................. Excess Emissions... 9/10/21 5/9/2025, 90 FR [INSERT .......................
FEDERAL REGISTER PAGE
WHERE THE DOCUMENT
BEGINS].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2025-07846 Filed 5-8-25; 8:45 am]
BILLING CODE 6560-50-P
