Approval and Promulgation of Implementation Plans; Washington; Puget Sound Clean Air Agency, Regulation I

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2019-0710, FRL-10007-31-Region 10]

Approval and Promulgation of Implementation Plans; Washington; Puget Sound Clean Air Agency, Regulation I

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 Washington Department of Ecology (Ecology) in coordination with the Puget Sound Clean Air Agency (PSCAA). This action updates certain PSCAA regulations currently in the SIP, removes obsolete regulations, and approves a subset of updated Ecology regulations to apply in PSCAA's jurisdiction.

DATES:

This final rule is effective May 22, 2020.

ADDRESSES:

The EPA has established a docket for this action under Docket ID No. EPA-R10-OAR-2019-0710. All documents in the docket are listed on the

https://www.regulations.gov

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

e.g.,

Confidential Business Information or other information the disclosure of which is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available at

https://www.regulations.gov,

or please contact the person listed in the

FOR FURTHER INFORMATION CONTACT

section for additional availability information.

FOR FURTHER INFORMATION CONTACT:

Jeff Hunt, EPA Region 10, 1200 Sixth Avenue—Suite 155, Seattle, WA 98101, at (206) 553-0256, or

hunt.jeff@epa.gov.

SUPPLEMENTARY INFORMATION:

Throughout this document, wherever “we,” “us,” or “our” is used, it means the EPA.

I. Background

On January 28, 2020, we proposed to approve updates to certain PSCAA regulations currently in the SIP, remove obsolete regulations, and approve a subset of updated Ecology regulations to apply in PSCAA's jurisdiction (85 FR 4921). The reasons for our proposed approval were stated in the proposed rule and will not be re-stated here.

II. Response to Comments

The public comment period for our proposed action ended on February 27, 2020. We received two comments. Both comments are included in the docket for this action. The first comment focused on permitting requirements under the Prevention of Significant Deterioration (PSD) program operated in Washington State by Ecology and the Energy Facility Site Evaluation Council (EFSEC). Saliently, the EPA did not propose any changes to the PSD regulations in Washington Administrative Code (WAC) 173-400-700 through 173-400-750. Further, as discussed in the proposal for this action, PSCAA does not issue PSD permits in Washington State. For the above reasons, we consider the first comment to be outside the scope of this action. The second comment was a generalized critique of the EPA. We do not consider these comments to be germane or relevant to this action and therefore not adverse to this action. The comments lack the required specificity to the proposed SIP revision and the relevant requirements of Clean Air Act (CAA) section 110. Moreover, none of the comments address a specific regulation or provision in question or recommend a different action on the SIP submission from what the EPA proposed. Therefore, we are finalizing our action as proposed.

III. 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 7—Additional Regulations Approved for the Puget Sound Clean Air Agency (PSCAA) Jurisdiction,

the following PSCAA Regulation I sections (effective date):

• 1.01 (11/01/1999), 1.07 (12/01/2018), 3.03(f) (02/01/2012), 3.04 (07/01/2012), 3.25 (11/01/2019), 5.03 (11/01/2016), 5.05 (02/01/2017), 6.01 (05/01/2013), 6.03 (11/01/2015), 6.09 (05/01/2004), 6.10 (09/01/2001), 7.09 (02/01/2017), 9.03 (05/01/2004), 9.04 (05/01/2004), 9.07 (05/19/1994), 9.08 (05/01/2004), 9.09 (06/01/1998), 9.11(a) (04/17/1999), 9.13 (06/09/1988), 9.15 (04/17/1999), 9.16 (12/02/2010), 9.18 (03/02/2012), and 12.03 (11/01/2015).

The EPA is also approving and incorporating by reference PSCAA's adoption by reference of the following Chapter 173-400 WAC provisions submitted for approval (effective date):

• 173-400-030 (12/29/2012), 173-400-081 (04/01/2011), 173-400-110 (12/29/2012), 173-400-111 (07/01/2016), 173-400-112 (12/29/2012), 173-400-113 (12/29/2012), 173-400-117 (12/29/2012), 173-400-171 (07/01/2016), 173-400-200 (02/10/2005), 173-400-560 (12/29/2012), 173-400-800 (4/01/2011), 173-400-810 (07/01/2016), 173-400-820 (12/29/2012), 173-400-830 (07/01/2016), 173-400-840 (07/01/2016), 173-400-850 (07/01/2016), and 173-400-860 (4/01/2011).

Lastly, for Chapter 173-400 WAC provisions not adopted by reference by PSCAA, we are approving the following updates to apply within PSCAA's jurisdiction (effective date):

• 173-400-020 (12/29/2012), 173-400-040 (09/16/2018), 173-400-091 (4/1/2011), 173-400-105 (11/25/2018), 173-400-118 (12/29/2012), 173-400-131 (04/1/2011), 173-400-136 (12/29/2012), 173-400-151 (2/10/2005), and 173-400-175 (2/10/2005).

Please see the amendatory text for more detailed information about the provisions submitted and approved in this action, including local agency corollaries which replace certain Chapter 173-400 WAC provisions and exclusions to our approval.

B. Approved But Not Incorporated by Reference Regulations

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. On August 31, 2004, the EPA reviewed and approved Regulation I, sections 3.01, 3.05, 3.09, 3.13, 3.15, 3.17, 3.19, and 3.21 as providing PSCAA adequate enforcement and other general authority for purposes of implementing and enforcing its SIP but did not incorporate these provisions by reference (69 FR 53007). While these provisions remain unchanged since our last review and approval, we are including these sections in 40 CFR 52.2470(e),

EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures,

as approved but not incorporated by reference regulatory provisions. Lastly, PSCAA updated Regulation 1, sections 3.07 and 3.11 which we are approving, but not incorporating by reference.

C. Regulations To Remove From the SIP

As discussed in the proposal for this action, we are removing from the SIP Regulation I, sections 5.02, 6.03(b)(10) [formerly 6.03(b)(17)], 6.04, 6.06, 6.07, and 6.08. We are also removing outdated Chapter 173-400 WAC provisions and replacing them with the submitted PSCAA replacement corollaries, including PSCAA's adoption by reference of certain Chapter 173-400 WAC provisions, or the currently approved updates to Chapter 173-400 WAC. Please see 85 FR 10301 (February 24, 2020) for our most recent approval of Chapter 173-400 WAC.

D. Scope of Proposed Action

This revision to the SIP applies specifically to the PSCAA jurisdiction incorporated into the SIP at 40 CFR 52.2470(c)—Table 7. As discussed in our proposal, local air agency jurisdiction in Washington is generally defined on a geographic basis; however, there are exceptions. By statute, PSCAA does not have authority for sources under the jurisdiction of EFSEC. See Revised Code of Washington Chapter 80.50. Under the applicability provisions of WAC 173-405-012, 173-410-012, and 173-415-012, PSCAA 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 and EFSEC also retain statewide, direct jurisdiction for issuing PSD permits. Therefore, the EPA is not approving into 40 CFR 52.2470(c)—Table 7 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 173-400-750, which the EPA has already approved as applying state-wide under 40 CFR 52.2470(c)—Tables 2 and 3.

Also, as described in our proposal for this action, jurisdiction to implement the visibility permitting program contained in WAC 173-400-117 varies depending on the situation. Ecology and EFSEC retain authority to implement WAC 173-400-117 as it relates to PSD permits. However, for facilities subject to major nonattainment new source review (NSR) under the applicability provisions of WAC 173-400-800, incorporated by reference in Regulation I, we are approving PSCAA's implementation of those parts of WAC 173-400-117 as they relate to major nonattainment NSR permits. Therefore, we are modifying the visibility protection Federal Implementation Plan contained in 40 CFR 52.2498 to reflect the approval of WAC 173-400-117 as it applies to implementation of the major nonattainment NSR program in PSCAA's jurisdiction.

Lastly, this SIP revision 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 and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). 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.

IV. 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, we are finalizing the incorporation by reference as described in the amendments to 40 CFR part 52 set forth below. 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 CAA as of the effective date of the final rulemaking of the EPA's approval, and will be incorporated by reference in the next update to the SIP compilation.

1

1

62 FR 27968 (May 22, 1997).

V. Statutory and Executive Order 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);

• Is not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because SIP approvals are exempted under Executive Order 12866;

• 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 it does not address 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).

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 and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). 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 the Puyallup Tribe in a letter dated March 21, 2018.

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 June 22, 2020. 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: April 10, 2020.

Christopher Hladick,

Regional Administrator, Region 10.

For the reasons set forth in the preamble, 40 CFR part 52 is amended as follows:

PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

1. The authority citation for part 52 continues to read as follows:

Authority:

42 U.S.C. 7401

et seq.

Subpart WW—Washington

2. Amend § 52.2470 by revising Table 7 of paragraph (c) and Table 1 of paragraph (e), to read as follows:

§ 52.2470

Identification of plan.

(c) * * *

Table 7—Additional Regulations Approved for the Puget Sound Clean Air Agency (PSCAA) Jurisdiction

[Applicable in King, Kitsap, Pierce and Snohomish 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 (excluding non-trust land within the exterior boundaries of the Puyallup Indian Reservation); 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

Puget Sound Clean Air Agency Regulations

Regulation I—Article 1: Policy, Short Title, and Definitions

1.01

Policy

11/01/99

4/22/20, [Insert

Federal Register

citation]

Replaces WAC 173-400-010.

1.03

Name of Agency

11/01/99

8/31/04, 69 FR 53007

1.05

Short Title

11/01/99

8/31/04, 69 FR 53007

1.07

Definitions

12/01/18

4/22/20, [Insert

Federal Register

citation]

Except the definition “toxic air pollutant (TAP) or toxic air contaminant.”

Regulation I—Article 3: General Provisions

3.03(f)

General Regulatory Orders

02/01/12

4/22/20, [Insert

Federal Register

citation]

3.04

Reasonably Available Control Technology

07/01/12

4/22/20, [Insert

Federal Register

citation]

Except 3.04(e). Replaces WAC 173-400-040(1)(c).

3.06

Credible Evidence

11/14/98

8/31/04, 69 FR 53007

3.25

Federal Regulation Reference Date

11/01/19

4/22/20, [Insert

Federal Register

citation]

Replaces WAC 173-400-025.

Regulation I—Article 5: Registration

5.03

Applicability of Registration Program

11/01/16

4/22/20, [Insert

Federal Register

citation]

Except 5.03(a)(8)(Q) and 5.03(b)(5).

5.05

Registration Requirements

02/01/17

4/22/20, [Insert

Federal Register

citation]

Except 5.05(b)(1) and (2).

Regulation I—Article 6: New Source Review

6.01

Components of New Source Review Program

8/01/18

4/22/20, [Insert

Federal Register

citation]

Except the parenthetical in 6.01(b) which states “as delegated by agreement with the US Environmental Protection Agency, Region 10.” See subheading below for revised Chapter 173-400 WAC provisions incorporated by reference.

6.03

Notice of Construction

11/01/15

4/22/20, [Insert

Federal Register

citation]

Except 6.03(b)(10). Section 6.03 replaces WAC 173-400-110, except WAC 173-400-110(1)(c)(i) and (1)(d) which are incorporated by reference.

6.09

Notice of Completion

05/01/04

4/22/20, [Insert

Federal Register

citation]

6.10

Work Done without an Approval

09/01/01

4/22/20, [Insert

Federal Register

citation]

Regulation I—Article 7: Operating Permits

7.09

General Reporting Requirements for Operating Permits

02/01/17

4/22/20, [Insert

Federal Register

citation]

Excluding toxic air pollutants.

Regulation I—Article 8: Outdoor Burning

8.04

General Conditions for Outdoor Burning

01/01/01

8/31/04, 69 FR 53007

8.05

Agricultural Burning

01/01/01

8/31/04, 69 FR 53007

8.06

Outdoor Burning Ozone Contingency Measure

01/23/03

8/05/04, 69 FR 47364

8.09

Description of King County No-Burn Area

01/01/01

8/31/04, 69 FR 53007

8.10

Description of Pierce County No-Burn Area

01/01/01

8/31/04, 69 FR 53007

8.11

Description of Snohomish County No-Burn Area

01/01/01

8/31/04, 69 FR 53007

8.12

Description of Kitsap County No-Burn Area

11/30/02

8/31/04, 69 FR 53007

Regulation I—Article 9: Emission Standards

9.03

Emission of Air Contaminant: Visual Standard

05/01/04

4/22/20, [Insert

Federal Register

citation]

Except 9.03(e). Replaces WAC 173-400-040(2).

9.04

Opacity Standards for Equipment with Continuous Opacity Monitoring Systems

05/01/04

4/22/20, [Insert

Federal Register

citation]

Except 9.04(d)(2) and 9.04(f).

9.05

Refuse Burning

1/13/94

06/29/95, 60 FR 33734

9.07

Sulfur Dioxide Emission Standard

05/19/94

4/22/20, [Insert

Federal Register

citation]

Replaces WAC 173-400-040(7).

9.08

Fuel Oil Standards

05/01/04

4/22/20, [Insert

Federal Register

citation]

Approved only as it applies to the regulation of criteria pollutants.

9.09

Particulate Matter Emission Standards

06/01/98

4/22/20, [Insert

Federal Register

citation]

Replaces WAC 173-400-050(1)&(3) and 173-400-060.

9.11(a)

Emission of Air Contaminant: Detriment to Person or Property

04/17/99

4/22/20, [Insert

Federal Register

citation]

Replaces WAC 173-400-040(6).

9.13

Emission of Air Contaminant: Concealment and Masking Restricted

06/09/88

4/22/20, [Insert

Federal Register

citation]

Replaces WAC 173-400-040(8).

9.15

Fugitive Dust Control Measures

04/17/99

4/22/20, [Insert

Federal Register

citation]

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

9.16

Spray-Coating Operations

12/02/10

4/22/20, [Insert

Federal Register

citation]

9.18

Crushing Operations

03/02/12

4/22/20, [Insert

Federal Register

citation]

9.20

Maintenance of Equipment

6/9/88

08/29/94, 59 FR 44324

Regulation I—Article 12: Standards of Performance for Continuous Emission Monitoring Systems

12.01

Applicability

06/01/98

8/31/04, 69 FR 53007

12.03

Continuous Emission Monitoring Systems

11/01/15

4/22/20, [Insert

Federal Register

citation]

Replaces WAC 173-400-105(7).

Regulation I—Article 13: Solid Fuel Burning Device Standards

13.01

Policy and Purpose

12/01/12

5/29/13, 78 FR 32131

13.02

Definitions

12/01/12

5/29/13, 78 FR 32131

13.03

Opacity Standards

12/01/12

5/29/13, 78 FR 32131

13.04

Prohibited Fuel Types

12/01/12

5/29/13, 78 FR 32131

13.05

Curtailment

12/01/12

5/29/13, 78 FR 32131

13.06

Emission Performance Standards

12/01/12

5/29/13, 78 FR 32131

13.07

Contingency Plan

12/01/12

5/29/13, 78 FR 32131

Regulation II—Article 1: Purpose, Policy, Short Title, and Definitions

1.01

Purpose

11/01/99

08/31/04, 69 FR 53007

1.02

Policy

11/01/99

08/31/04, 69 FR 53007

1.03

Short Title

11/01/99

08/31/04, 69 FR 53007

1.04

General Definitions

12/11/80

02/28/83, 48 FR 8273

1.05

Special Definitions

9/1/03

09/17/13, 78 FR 57073

Regulation II—Article 2: Gasoline Marketing Emission Standards

2.01

Definitions

08/13/99

08/31/04, 69 FR 53007

2.03

Petroleum Refineries

07/15/91

08/29/94, 59 FR 44324

2.05

Gasoline Loading Terminals

01/13/94

06/29/95, 60 FR 33734

2.06

Bulk Gasoline Plants

07/15/91

08/29/94, 59 FR 44324

2.07

Gasoline Stations

01/10/00

08/31/04, 69 FR 53007

2.08

Gasoline Transport Tanks

08/13/99

08/31/04, 69 FR 53007

2.09

Oxygenated Gasoline Carbon Monoxide Contingency Measure and Fee Schedule

01/23/03

08/05/04, 69 FR 47365

2.10

Gasoline Station Ozone Contingency Measure

01/23/03

08/05/04, 69 FR 47365

Regulation II—Article 3: Miscellaneous Volatile Organic Compound Emission Standards

3.01

Cutback Asphalt Paving

7/15/91

08/29/94, 59 FR 44324

3.02

Volatile Organic Compound Storage Tanks

8/13/99

08/31/04, 69 FR 53007

3.03

Can and Paper Coating Operations

3/17/94

06/29/95, 60 FR 33734

3.04

Motor Vehicle and Mobile Equipment Coating Operations

9/1/03

09/17/13, 78 FR 57073

3.05

Graphic Arts Systems

1/13/94

06/29/95, 60 FR 33734

3.08

Polyester, Vinylester, Gelcoat, and Resin Operations

1/13/94

06/29/95, 60 FR 33734

3.09

Aerospace Component Coating Operations

1/13/94

6/29/95, 60 FR 33734

Washington Administrative Code, Chapter 173-400 Regulations Incorporated by Reference in Regulation I, Section 6.01

173-400-030

Definitions

12/29/12

4/22/20, [Insert

Federal Register

citation]

Except: 173-400-030(91).

173-400-081

Startup and Shutdown

04/01/11

4/22/20, [Insert

Federal Register

citation]

173-400-110

New Source Review (NSR) for Sources and Portable Sources

12/29/12

4/22/20, [Insert

Federal Register

citation]

173-400-110(1)(c)(i) and 173-400-110(1)(d) only.

173-400-111

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

07/01/16

4/22/20, [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

12/29/12

4/22/20, [Insert

Federal Register

citation]

173-400-113

Requirements for New Sources in Attainment or Unclassifiable Areas

12/29/12

4/22/20, [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

4/22/20, [Insert

Federal Register

citation]

173-400-171

Public Notice and Opportunity for Public Comment

07/01/16

4/22/20, [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).

173-400-200

Creditable Stack Height and Dispersion Techniques

02/10/05

4/22/20, [Insert

Federal Register

citation]

173-400-560

General Order of Approval

12/29/12

4/22/20, [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

4/01/11

4/22/20, [Insert

Federal Register

citation]

EPA did not review WAC 173-400-800 through 860 for consistency with the August 24, 2016 PM

2.5

implementation rule (81 FR 58010); nor does PSCAA have an obligation to submit rule revisions to address the 2016 PM

2.5

implementation rule at this time.

173-400-810

Major Stationary Source and Major Modification Definitions

07/01/16

4/22/20, [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

4/22/20, [Insert

Federal Register

citation]

173-400-830

Permitting Requirements

07/01/16

4/22/20, [Insert

Federal Register

citation]

173-400-840

Emission Offset Requirements

07/01/16

4/22/20, [Insert

Federal Register

citation]

173-400-850

Actual Emissions Plantwide Applicability Limitation (PAL)

07/01/16

4/22/20, [Insert

Federal Register

citation]

173-400-860

Public Involvement Procedures

4/01/11

4/22/20, [Insert

Federal Register

citation]

Washington Department of Ecology Regulations

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

173-400-020

Applicability

12/29/12

4/22/20, [Insert

Federal Register

citation]

173-400-040

General Standards for Maximum Emissions

09/16/18

4/22/20, [Insert

Federal Register

citation]

173-400-040(1)(a) & (b), 173-400-040(4); and 173-400-040(9)(b) only.

173-400-070

Emission Standards for Certain Source Categories

03/22/91

06/02/95, 60 FR 28726

Except (7).

173-400-091

Voluntary Limits on Emissions

4/1/11

4/22/20, [Insert

Federal Register

citation]

9/20/93 version continues to be approved under the authority of CAA Section 112(l) with respect to Section 112 hazardous air pollutants. See 60 FR 28726 (June 2, 1995).

173-400-105

Records, Monitoring and Reporting

11/25/18

4/22/20, [Insert

Federal Register

citation]

Except: 173-400-105(7).

173-400-107

Excess Emissions

09/20/93

06/02/95, 60 FR 28726

173-400-118

Designation of Class I, II, and III Areas

12/29/12

4/22/20, [Insert

Federal Register

citation]

173-400-131

Issuance of Emission Reduction Credits

04/1/11

4/22/20, [Insert

Federal Register

citation]

173-400-136

Use of Emission Reduction Credits (ERC)

12/29/12

4/22/20, [Insert

Federal Register

citation]

173-400-151

Retrofit Requirements for Visibility Protection

2/10/05

4/22/20, [Insert

Federal Register

citation]

173-400-161

Compliance Schedules

3/22/91

06/02/95, 60 FR 28726

173-400-175

Public Information

2/10/05

4/22/20, [Insert

Federal Register

citation]

173-400-190

Requirements for Nonattainment Areas

3/22/91

06/02/95, 60 FR 28726

173-400-205

Adjustment for Atmospheric Conditions

3/22/91

06/02/95, 60 FR 28726

173-400-210

Emission Requirements of Prior Jurisdictions

3/22/91

06/02/95, 60 FR 28726

(e) * * *

Table 1—Approved But Not Incorporated by Reference Regulations

State/local

citation

Title/subject

State/local

effective date

EPA approval date

Explanations

Washington Department of Ecology Regulations

173-400-220

Requirements for Board Members

3/22/91

06/02/95, 60 FR 28726

173-400-230

Regulatory Actions

3/20/93

06/02/95, 60 FR 28726

173-400-240

Criminal Penalties

3/22/91

06/02/95, 60 FR 28726

173-400-250

Appeals

9/20/93

06/02/95, 60 FR 28726

173-400-260

Conflict of Interest

07/01/16

10/06/16, 81 FR 69385

173-433-200

Regulatory Actions and Penalties

10/18/90

01/15/93, 58 FR 4578

Energy Facility Site Evaluation Council Regulations

463-78-135

Criminal Penalties

11/11/04

05/30/17, 82 FR 24533

463-78-140

Appeals Procedure

3/26/06

05/30/17, 82 FR 24533

Except (3) and (4).

463-78-170

Conflict of Interest

11/11/04

05/30/17, 82 FR 24533

463-78-230

Regulatory Actions

11/11/04

05/30/17, 82 FR 24533

Benton Clean Air Agency Regulations

2.01

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

12/11/14

11/17/15, 80 FR 71695

2.02

Requirements for Board of Directors Members

12/11/14

11/17/15, 80 FR 71695

Replaces WAC 173-400-220.

2.03

Powers and Duties of the Board of Directors

12/11/14

11/17/15, 80 FR 71695

2.04

Powers and Duties of the Control Officer

12/11/14

11/17/15, 80 FR 71695

2.05

Severability

12/11/14

11/17/15, 80 FR 71695

2.06

Confidentiality of Records and Information

12/11/14

11/17/15, 80 FR 71695

Olympic Region Clean Air Agency Regulations

8.1.6

Penalties

05/22/10

10/03/13, 78 FR 61188

Puget Sound Clean Air Agency Regulations

3.01

Duties and Powers of the Control Officer

11/01/99

4/22/20, [Insert

Federal Register

citation]

3.05

Investigations by the Control Officer

03/17/94

4/22/20, [Insert

Federal Register

citation]

3.07

Compliance Tests

05/01/06

4/22/20, [Insert

Federal Register

citation]

3.09

Violations—Notice

09/12/91

4/22/20, [Insert

Federal Register

citation]

3.11

Civil Penalties

11/01/19

4/22/20, [Insert

Federal Register

citation]

3.13

Criminal Penalties

09/12/91

4/22/20, [Insert

Federal Register

citation]

3.15

Additional Enforcement

09/12/91

4/22/20, [Insert

Federal Register

citation]

3.17

Appeal of Orders

11/14/98

4/22/20, [Insert

Federal Register

citation]

3.19

Confidential Information

09/12/91

4/22/20, [Insert

Federal Register

citation]

3.21

Separability

09/12/91

4/22/20, [Insert

Federal Register

citation]

Southwest Clean Air Agency Regulations

400-220

Requirements for Board Members

3/18/01

04/10/17, 82 FR 17136

400-230

Regulatory Actions and Civil Penalties

10/9/16

04/10/17, 82 FR 17136

400-240

Criminal Penalties

3/18/01

04/10/17, 82 FR 17136

400-250

Appeals

11/9/03

04/10/17, 82 FR 17136

400-260

Conflict of Interest

3/18/01

04/10/17, 82 FR 17136

400-270

Confidentiality of Records and Information

11/9/03

04/10/17, 82 FR 17136

400-280

Powers of Agency

3/18/01

04/10/17, 82 FR 17136

Spokane Regional Clean Air Agency Regulations

8.11

Regulatory Actions and Penalties

09/02/14

09/28/15, 80 FR 58216

3. Amend § 52.2498 by revising paragraph (a)(1) to read as follows:

§ 52.2498

Visibility protection.

(a) * * *

(1) Sources subject to the jurisdiction of local air authorities (except Benton Clean Air Agency, Puget Sound Clean Air Agency, and Southwest Clean Air Agency);

[FR Doc. 2020-08124 Filed 4-21-20; 8:45 am]

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