Approval and Promulgation of Implementation Plans; Washington: Additional Regulations for the Benton Clean Air Agency Jurisdiction

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2015-0600; FRL-9936-97-Region 10]

Approval and Promulgation of Implementation Plans; Washington: Additional Regulations for the Benton Clean Air Agency Jurisdiction

AGENCY:

Environmental Protection Agency (EPA).

ACTION:

Final rule.

SUMMARY:

The Environmental Protection Agency (EPA) is approving revisions to the Washington State Implementation Plan (SIP) that were submitted by the Department of Ecology (Ecology) in coordination with Benton Clean Air Agency (BCAA) on August 25, 2015. In the fall of 2014 and spring of 2015, the EPA approved numerous revisions to Ecology's general air quality regulations. However, our approval of the updated Ecology regulations applied only to geographic areas where Ecology, and not a local air authority, has jurisdiction, and statewide to source categories over which Ecology has sole jurisdiction. This final approval allows BCAA to rely primarily on Ecology's general air quality regulations for sources within BCAA's jurisdiction, including implementation of the minor new source review and nonattainment new source review permitting programs. This final action also approves of a small set of BCAA regulatory provisions that replace or supplement parts of Ecology's general air quality regulations.

DATES:

This final rule is effective December 17, 2015.

ADDRESSES:

The EPA has established a docket for this action under Docket ID No. EPA-R10-OAR-2015-0600. All documents in the docket are listed on the

http://www.regulations.gov

Web site. Although listed in the index, some information is not publicly available,

e.g.,

Confidential Business Information (CBI) 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 either electronically through

http://www.regulations.gov

or in hard copy at the Air Programs Unit, Office of Air, Waste and Toxics, EPA Region 10, 1200 Sixth Avenue, Seattle, WA 98101. The EPA requests that if at all possible, you contact the individual listed in the

FOR FURTHER INFORMATION CONTACT

section to view the hard copy of the docket. You may view the hard copy of the docket Monday through Friday, 8:00 a.m. to 4:00 p.m., excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT:

For information please contact Jeff Hunt at (206) 553-0256,

hunt.jeff@epa.gov,

or by using the above EPA, Region 10 address.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background Information

II. Final Action

III. Incorporation by Reference

IV. Statutory and Executive Orders Review

I. Background Information

On September 15, 2015, the EPA proposed to approve revisions to the general air quality regulations contained in the Washington SIP as they apply to BCAA's jurisdiction (80 FR 55280). An explanation of the CAA requirements, a detailed analysis of the submittal, and the EPA's reasons for approval were provided in the notice of proposed rulemaking, and will not be restated here. The public comment period for this proposed rule ended on October 15, 2015. The EPA received no comments on the proposal.

II. Final Action

A. Regulations Approved and Incorporated by Reference Into the SIP

The EPA is approving and incorporating by reference into the Washington SIP at 40 CFR 52.2470(c)—Table 4, “Additional Regulations Approved for the Benton Clean Air Agency (BCAA) Jurisdiction” the BCAA and Ecology regulations listed in the tables below for sources within BCAA's jurisdiction.

Approved Benton Clean Air Agency (BCAA) Regulations

State/local

citation

Title/subject

State/local

effective date

Explanation

Regulation 1

1.01

Name of Agency

12/11/14

1.02

Policy and Purpose

12/11/14

Replaces WAC 173-400-010.

1.03

Applicability

12/11/14

Replaces WAC 173-400-020.

4.01(A)

Definitions—Fugitive Dust

12/11/14

Replaces WAC 173-400-030 (38).

4.01(B)

Definitions—Fugitive Emissions

12/11/14

Replaces WAC 173-400-030 (39).

4.02(B)

Particulate Matter Emissions—Fugitive Emissions

12/11/14

Replaces WAC 173-400-040(4).

4.02(C)(1)

Particulate Matter Emissions—Fugitive Dust

12/11/14

Replaces WAC 173-400-040(9)(a).

4.02(C)(3)

Particulate Matter Emissions—Fugitive Dust

12/11/14

Replaces WAC 173-400-040(9)(b).

Approved Washington State Department of Ecology Regulations

State/local

citation

Title/subject

State/local

effective date

Explanation

Chapter 173-400 WAC, General Regulations for Air Pollution Sources

173-400-030

Definitions

12/29/12

Except: 173-400-030(38); 173-400-030(39); 173-400-030(91).

173-400-036

Relocation of Portable Sources

12/29/12

173-400-040

General Standards for Maximum Emissions

4/1/11

Except: 173-400-040(2)(c); 173-400-040(2)(d); 173-400-040(3); 173-400-040(4); 173-400-040(5); 173-400-040(7), second paragraph; 173-400-040(9)(a); 173-400-040(9)(b).

173-400-050

Emission Standards for Combustion and Incineration Units

12/29/12

Except: 173-400-050(2); 173-400-050(4); 173-400-050(5).

173-400-060

Emission Standards for General Process Units

2/10/05

173-400-070

Emission Standards for Certain Source Categories

12/29/12

Except: 173-400-070(7); 173-400-070(8).

173-400-081

Startup and Shutdown

4/1/11

173-400-091

Voluntary Limits on Emissions

4/1/11

173-400-105

Records, Monitoring and Reporting

12/29/12

173-400-110

New Source Review (NSR) for Sources and Portable Sources

12/29/12

Except: 173-400-110(1)(c)(ii)(C); 173-400-110(1)(e); 173-400-110(2)(d);

—The part of WAC 173-400-110(4)(b)(vi) that says, “not for use with materials containing toxic air pollutants, as listed in chapter 173-460 WAC,”;

—The part of 400-110(4)(e)(iii) that says, “where toxic air pollutants as defined in chapter 173-460 WAC are not emitted”; The part of 400-110(4)(e)(f)(i) that says, “that are not toxic air pollutants listed in chapter 173-460 WAC”;

—The part of 400-110(4)(h)(xviii) that says, “, to the extent that toxic air pollutant gases as defined in chapter 173-460 WAC are not emitted”;

—The part of 400-110(4)(h)(xxxiii) that says, “where no toxic air pollutants as listed under chapter 173-460 WAC are emitted”;

—The part of 400-110(4)(h)(xxxiv) that says, “, or ≤1% (by weight) toxic air pollutants as listed in chapter 173-460 WAC”; The part of 400-110(4)(h)(xxxv) that says, “or ≤1% (by weight) toxic air pollutants”;

—The part of 400-110(4)(h)(xxxvi) that says, “or ≤1% (by weight) toxic air pollutants as listed in chapter 173-460 WAC”; 400-110(4)(h)(xl), second sentence;

—The last row of the table in 173-400-110(5)(b) regarding exemption levels for Toxic Air Pollutants.

173-400-111

Processing Notice of Construction Applications for Sources, Stationary Sources and Portable Sources

12/29/12

Except: 173-400-111(3)(h);

—The part of 173-400-111(8)(a)(v) that says, “and 173-460-040,”; 173-400-111(9).

173-400-112

Requirements for New Sources in Nonattainment Areas—Review for Compliance with Regulations

12/29/12

Except: 173-400-112(8).

173-400-113

New Sources in Attainment or Unclassifiable Areas—Review for Compliance with Regulations

12/29/12

Except: 173-400-113(3), second sentence.

173-400-117

Special Protection Requirements for Federal Class I Areas

12/29/12

Except facilities subject to the applicability provisions of WAC 173-400-700.

173-400-118

Designation of Class I, II, and III Areas

12/29/12

173-400-131

Issuance of Emission Reduction Credits

4/1/11

173-400-136

Use of Emission Reduction Credits (ERC)

12/29/12

173-400-151

Retrofit Requirements for Visibility Protection

2/10/05

173-400-171

Public Notice and Opportunity for Public Comment

12/29/12

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).

173-400-175

Public Information

2/10/05

173-400-200

Creditable Stack Height & Dispersion Techniques

2/10/05

173-400-560

General Order of Approval

12/29/12

Except:

—The part of 173-400-560(1)(f) that says, “173-460 WAC”.

173-400-800

Major Stationary Source and Major Modification in a Nonattainment Area

4/1/11

173-400-810

Major Stationary Source and Major Modification Definitions

12/29/12

173-400-820

Determining if a New Stationary Source or Modification to a Stationary Source is Subject to these Requirements

12/29/12

173-400-830

Permitting Requirements

12/29/12

173-400-840

Emission Offset Requirements

12/29/12

173-400-850

Actual Emissions Plantwide Applicability Limitation (PAL)

12/29/12

173-400-860

Public Involvement Procedures

4/1/11

B. Regulations Approved But Not Incorporated by Reference

In addition to the regulations approved and incorporated by reference above, the EPA reviews and approves state and local clean air agency submissions to ensure they provide adequate enforcement authority and other general authority to implement and enforce the SIP. However, regulations describing such agency enforcement and other general authority are generally not incorporated by reference so as to avoid potential conflict with the EPA's independent

authorities. The EPA reviewed and is approving BCAA, Regulation 1, Article 2,

General Provisions

, as having adequate enforcement and other general authority for purposes of implementing and enforcing the SIP, but is not incorporating this section by reference into the SIP codified in 40 CFR 52.2470(c). Instead, the EPA is including sections 2.01,

Powers and Duties of the Benton Clean Air Agency (BCAA);

2.02,

Requirements for Board of Directors Members

(replaces WAC 173-400-220); 2.03,

Powers and Duties of the Board of Directors;

2.04,

Powers and Duties of the Control Officer;

2.05,

Severability;

and 2.06,

Confidentiality of Records and Information,

in 40 CFR 52.2470(e),

EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures,

as approved but not incorporated by reference regulatory provisions. Finally, for the reasons discussed above, the EPA is moving WAC 173-400-220,

Requirements for Board Members;

WAC 173-400-230,

Regulatory Actions;

WAC 173-400-240,

Criminal Penalties;

WAC 173-400-250,

Appeals;

and WAC 173-400-260,

Conflict of Interest,

currently incorporated by reference in 40 CFR 52.2470(c)—Table 4, to the list of provisions in 40 CFR 52.2470(e) that are approved but not incorporated by reference.

C. Regulations Removed From the SIP

The regulations contained in Washington's SIP at 40 CFR 52.2470(c)—Table 4 were last approved by the EPA on June 2, 1995 (60 FR 28726). The EPA is removing from this table WAC 173-400-010 and 173-400-020 because these provisions are replaced by the BCAA corollaries 1.02,

Policy and Purpose

and 1.03,

Applicability,

as shown in

Attachment 2

of the SIP revision. We are also removing WAC 173-400-100, because this outdated provision is no longer part of the EPA-approved SIP for Ecology's direct jurisdiction under CFR 52.2470(c)—Table 2 and BCAA has requested that it be removed from the BCAA's jurisdiction under CFR 52.2470(c)—Table 4. For more information please see the EPA's proposed (79 FR 39351, July 10, 2014) and final (79 FR 59653, October 3, 2014) actions on the general provisions of Chapter 173-400 WAC.

D. Scope of Proposed Action

This revision to the SIP applies specifically to the BCAA jurisdiction incorporated into the SIP at 40 CFR 52.2470(c)—Table 4. As discussed in the EPA's October 3, 2014 action on the general provisions of Chapter 173-400 WAC, jurisdiction is generally defined on a geographic basis (Benton County); however there are exceptions (79 FR 59653 at page 59654). By statute, BCAA does not have authority for sources under the jurisdiction of the Energy Facilities Site Evaluation Council (EFSEC). See Revised Code of Washington Chapter 80.50. Under the applicability provisions of WAC 173-405-012, WAC 173-410-012, and WAC 173-415-012, BCAA also does not have jurisdiction for kraft pulp mills, sulfite pulping mills, and primary aluminum plants. For these sources, Ecology retains statewide, direct jurisdiction. Ecology also retains statewide, direct jurisdiction for the Prevention of Significant Deterioration (PSD) permitting program. Therefore, the EPA is not approving into 40 CFR 52.2470(c)—Table 4 those provisions of Chapter 173-400 WAC related to the PSD program. Specifically, these provisions are WAC 173-400-116 and WAC 173-400-700 through 750.

As described in the EPA's April 29, 2015 action, jurisdiction to implement the visibility permitting program contained in WAC 173-400-117 varies depending on the situation. Ecology retains authority to implement WAC 173-400-117 as it relates to PSD permits (80 FR 23721 at page 23726). However for facilities subject to nonattainment new source review (NNSR) under the applicability provisions of WAC 173-400-800, we are approving BCAA to implement those parts of WAC 173-400-117 as they relate to NNSR permits. See 80 FR 23726.

Lastly, the SIP is not approved to apply in Indian reservations in the State, except for non-trust land within the exterior boundaries of the Puyallup Indian Reservation (also known as the 1873 Survey Area), or any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction.

III. Incorporation by Reference

In accordance with the requirements of 1 CFR 51.5, the EPA is revising our incorporation by reference of 40 CFR 52.2470(c)—Table 4 “Additional Regulations Approved for the Benton Clean Air Agency (BCAA) Jurisdiction” to reflect the regulations shown in the tables in section III.A.

Regulations to Approve and Incorporate by Reference into the SIP

and the rules removed from the SIP in section III.C.

Regulations to Remove from the SIP.

The EPA has made, and will continue to make, these documents generally available electronically through

http://www.regulations.gov

and/or in hard copy at the appropriate EPA office (see the

ADDRESSES

section of this preamble for more information).

IV. Statutory and Executive Orders Review

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 Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);

• does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501

et seq.

);

• is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601

et seq.

);

• does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4);

• does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999);

• is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997);

• is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001);

• is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because this action does not involve technical standards; and

• does not provide the EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).

In addition, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because it will not impose substantial direct costs on tribal

governments or preempt tribal law. This SIP revision is not approved to apply in Indian reservations in the State or any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction.

The Congressional Review Act, 5 U.S.C. 801

et seq.,

as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. The EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the

Federal Register

. A major rule cannot take effect until 60 days after it is published in the

Federal Register

. This action is not a “major rule” as defined by 5 U.S.C. 804(2).

Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by January 19, 2016. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. See section 307(b)(2).

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

Dated: November 3, 2015.

Dennis J. McLerran,

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, revise Table 4 in paragraph (c) and Table 1 in paragraph (e) to read as follows:

§ 52.2470

Identification of plan.

(c) * * *

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 citation

Title/subject

State effective date

EPA approval date

Explanations

Benton Clean Air Agency (BCAA) Regulations

Regulation 1

1.01

Name of Agency

12/11/14

11/17/15 [Insert

Federal Register

citation]

1.02

Policy and Purpose

12/11/14

11/17/15 [Insert

Federal Register

citation]

Replaces WAC 173-400-010.

1.03

Applicability

12/11/14

11/17/15 [Insert

Federal Register

citation]

Replaces WAC 173-400-020.

4.01(A)

Definitions—Fugitive Dust

12/11/14

11/17/15 [Insert

Federal Register

citation]

Replaces WAC 173-400-030 (38).

4.01(B)

Definitions—Fugitive Emissions

12/11/14

11/17/15 [Insert

Federal Register

citation]

Replaces WAC 173-400-030 (39).

4.02(B)

Particulate Matter Emissions—Fugitive Emissions

12/11/14

11/17/15 [Insert

Federal Register

citation]

Replaces WAC 173-400-040(4).

4.02(C)(1)

Particulate Matter Emissions—Fugitive Dust

12/11/14

11/17/15 [Insert

Federal Register

citation]

Replaces WAC 173-400-040(9)(a).

4.02(C)(3)

Particulate Matter Emissions—Fugitive Dust

12/11/14

11/17/15 [Insert

Federal Register

citation]

Replaces WAC 173-400-040(9)(b).

Washington Department of Ecology Regulations

Washington Administrative Code, Chapter 173-400—General Regulations for Air Pollution Sources

173-400-030

Definitions

12/29/12

11/17/15 [Insert

Federal Register

citation]

Except: 173-400-030(38); 173-400-030(39); 173-400-030(91).

173-400-036

Relocation of Portable Sources

12/29/12

11/17/15 [Insert

Federal Register

citation]

173-400-040

General Standards for Maximum Emissions

4/1/11

11/17/15 [Insert

Federal Register

citation]

Except: 173-400-040(2)(c); 173-400-040(2)(d); 173-400-040(3); 173-400-040(4); 173-400-040(5); 173-400-040(7), second paragraph; 173-400-040(9)(a); 173-400-040(9)(b).

173-400-050

Emission Standards for Combustion and Incineration Units

12/29/12

11/17/15 [Insert

Federal Register

citation]

Except: 173-400-050(2); 173-400-050(4); 173-400-050(5).

173-400-060

Emission Standards for General Process Units

2/10/05

11/17/15 [Insert

Federal Register

citation]

173-400-070

Emission Standards for Certain Source Categories

12/29/12

11/17/15 [Insert

Federal Register

citation]

Except: 173-400-070(7); 173-400-070(8).

173-400-081

Startup and Shutdown

4/1/11

11/17/15 [Insert

Federal Register

citation]

173-400-091

Voluntary Limits on Emissions

4/1/11

11/17/15 [Insert

Federal Register

citation]

173-400-105

Records, Monitoring and Reporting

12/29/12

11/17/15 [Insert

Federal Register

citation]

173-400-107

Excess Emissions

9/20/93

6/2/95, 60 FR 28726

173-400-110

New Source Review (NSR) for Sources and Portable Sources

12/29/12

11/17/15 [Insert

Federal Register

citation]

Except: 173-400-110(1)(c)(ii)(C); 173-400-110(1)(e); 173-400-110(2)(d);

—The part of WAC 173-400-110(4)(b)(vi) that says, “not for use with materials containing toxic air pollutants, as listed in chapter 173-460 WAC,”;

—The part of 400-110(4)(e)(iii) that says, “where toxic air pollutants as defined in chapter 173-460 WAC are not emitted”; The part of 400-110(4)(e)(f)(i) that says, “that are not toxic air pollutants listed in chapter 173-460 WAC”;

—The part of 400-110(4)(h)(xviii) that says, “, to the extent that toxic air pollutant gases as defined in chapter 173-460 WAC are not emitted”;

—The part of 400-110(4)(h)(xxxiii) that says, “where no toxic air pollutants as listed under chapter 173-460 WAC are emitted”;

—The part of 400-110(4)(h)(xxxiv) that says, “, or ≤1% (by weight) toxic air pollutants as listed in chapter 173-460 WAC”;

—The part of 400-110(4)(h)(xxxv) that says, “or ≤1% (by weight) toxic air pollutants”;

—The part of 400-110(4)(h)(xxxvi) that says, “or ≤ 1% (by weight) toxic air pollutants as listed in chapter 173-460 WAC”; 400-110(4)(h)(xl), second sentence;

—The last row of the table in 173-400-110(5)(b) regarding exemption levels for Toxic Air Pollutants.

173-400-111

Processing Notice of Construction Applications for Sources, Stationary Sources and Portable Sources

12/29/12

11/17/15 [Insert

Federal Register

citation]

Except: 173-400-111(3)(h);

—The part of 173-400-111(8)(a)(v) that says, “and 173-460-040,”; 173-400-111(9).

173-400-112

Requirements for New Sources in Nonattainment Areas—Review for Compliance with Regulations

12/29/12

11/17/15 [Insert

Federal Register

citation]

Except: 173-400-112(8).

173-400-113

New Sources in Attainment or Unclassifiable Areas—Review for Compliance with Regulations

12/29/12

11/17/15 [Insert

Federal Register

citation]

Except: 173-400-113(3), second sentence.

173-400-117

Special Protection Requirements for Federal Class I Areas

12/29/12

11/17/15 [Insert

Federal Register

citation]

Except facilities subject to the applicability provisions of WAC 173-400-700.

173-400-118

Designation of Class I, II, and III Areas

12/29/12

11/17/15 [Insert

Federal Register

citation]

173-400-131

Issuance of Emission Reduction Credits

4/1/11

11/17/15 [Insert

Federal Register

citation]

173-400-136

Use of Emission Reduction Credits (ERC)

12/29/12

11/17/15 [Insert

Federal Register

citation]

173-400-151

Retrofit Requirements for Visibility Protection

2/10/05

11/17/15 [Insert

Federal Register

citation]

173-400-161

Compliance Schedules

3/22/91

6/2/95, 60 FR 28726

173-400-171

Public Notice and Opportunity for Public Comment

12/29/12

11/17/15 [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).

173-400-175

Public Information

2/10/05

11/17/15 [Insert

Federal Register

citation]

173-400-190

Requirements for Nonattainment Areas

3/22/91

6/2/95, 60 FR 28726

173-400-200

Creditable Stack Height & Dispersion Techniques

2/10/05

11/17/15 [Insert

Federal Register

citation]

173-400-205

Adjustment for Atmospheric Conditions

3/22/91

6/2/95, 60 FR 28726

173-400-210

Emission Requirements of Prior Jurisdictions

3/22/91

6/2/95, 60 FR 28726

173-400-560

General Order of Approval

12/29/12

11/17/15 [Insert

Federal Register

citation]

Except:

—The part of 173-400-560(1)(f) that says, “173-460 WAC”.

173-400-800

Major Stationary Source and Major Modification in a Nonattainment Area

4/1/11

11/17/15 [Insert

Federal Register

citation]

173-400-810

Major Stationary Source and Major Modification Definitions

12/29/12

11/17/15 [Insert

Federal Register

citation]

173-400-820

Determining if a New Stationary Source or Modification to a Stationary Source is Subject to these Requirements

12/29/12

11/17/15 [Insert

Federal Register

citation]

173-400-830

Permitting Requirements

12/29/12

11/17/15 [Insert

Federal Register

citation]

173-400-840

Emission Offset Requirements

12/29/12

11/17/15 [Insert

Federal Register

citation]

173-400-850

Actual Emissions Plantwide Applicability Limitation (PAL)

12/29/12

11/17/15 [Insert

Federal Register

citation]

173-400-860

Public Involvement Procedures

4/1/11

11/17/15 [Insert

Federal Register

citation]

(e) * * *

Table 1—Approved But Not Incorporated by Reference Statutes and Regulations

State citation

Title/subject

State effective date

EPA approval date

Explanations

Washington Department of Ecology Regulations

173-433-200

Regulatory Actions and Penalties

10/18/90

1/15/93, 58 FR 4578

173-400-220

Requirements for Board Members

3/22/91

6/2/95, 60 FR 28726

173-400-230

Regulatory Actions

3/20/93

6/2/95, 60 FR 28726

173-400-240

Criminal Penalties

3/22/91

6/2/95, 60 FR 28726

173-400-250

Appeals

9/20/93

6/2/95, 60 FR 28726

173-400-260

Conflict of Interest

3/22/91

6/2/95, 60 FR 28726

Olympic Region Clean Air Agency Regulations

8.1.6

Penalties

5/22/10

10/3/13, 78 FR 61188

Spokane Regional Clean Air Agency Regulations

8.11

Regulatory Actions and Penalties

09/02/14

09/28/15, 80 FR 58217

Benton Clean Air Agency Regulations

2.01

Powers and Duties of the Benton Clean Air Agency (BCAA)

12/11/14

11/17/15 [Insert

Federal Register

citation]

2.02

Requirements for Board of Directors Members

12/11/14

11/17/15 [Insert

Federal Register

citation]

Replaces WAC 173-400-220.

2.03

Powers and Duties of the Board of Directors

12/11/14

11/17/15 [Insert

Federal Register

citation]

2.04

Powers and Duties of the Control Officer

12/11/14

11/17/15 [Insert

Federal Register

citation]

2.05

Severability

12/11/14

11/17/15 [Insert

Federal Register

citation]

2.06

Confidentiality of Records and Information

12/11/14

11/17/15] [Insert

Federal Register

citation]

[FR Doc. 2015-29180 Filed 11-16-15; 8:45 am]

BILLING CODE 6560-50-P