80 FR 23721 - Approval and Promulgation of Implementation Plans; Washington: Prevention of Significant Deterioration and Visibility Protection
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 82 (April 29, 2015)
Federal Register Volume 80, Issue 82 (April 29, 2015)
| Page Range | 23721-23730 | |
| FR Document | 2015-09889 |
[Federal Register Volume 80, Number 82 (Wednesday, April 29, 2015)] [Rules and Regulations] [Pages 23721-23730] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-09889] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R10-OAR-2014-0755; FRL-9926-95-Region 10] Approval and Promulgation of Implementation Plans; Washington: Prevention of Significant Deterioration and Visibility Protection 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) on January 27, 2014. These revisions implement the preconstruction permitting regulations for large industrial (major source) facilities in attainment and unclassifiable areas, called the Prevention of Significant Deterioration (PSD) program. The PSD program in Washington has been historically operated under a Federal Implementation Plan (FIP). This approval of Ecology's PSD program narrows the FIP to include only those few facilities, emission sources, geographic areas, and permits for which Ecology does not have PSD permitting jurisdiction or authority. The EPA is also approving Ecology's visibility protection permitting program which overlaps significantly with the PSD program. DATES: This final rule is effective on May 29, 2015. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA-R10-OAR-2014-0755. All documents in the docket are listed on the 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 www.regulations.gov or in hard copy at the Air Planning 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: Jeff Hunt at (206) 553-0256, [email protected], or by using the above EPA, Region 10 address. SUPPLEMENTARY INFORMATION: Definitions For the purpose of this document, we are giving meaning to certain words or initials as follows: (i) The words or initials ``Act'' or ``CAA'' mean or refer to the Clean Air Act, unless the context indicates otherwise. (ii) The words ``EPA'', ``we'', ``us'' or ``our'' mean or refer to the Environmental Protection Agency. (iii) The initials ``SIP'' mean or refer to State Implementation Plan. (iv) The words ``Washington'' and ``State'' mean the State of Washington. Table of Contents I. Background Information II. Response to Comments III. Final Action IV. Incorporation by Reference V. Statutory and Executive Orders Review I. Background Information On January 27, 2014, Ecology submitted revisions to update the general air quality regulations contained in Chapter 173-400 of the Washington Administrative Code (WAC) that apply to sources within Ecology's jurisdiction, including minor new source review, major source nonattainment new source review (major NNSR), PSD, and the visibility protection (visibility) program. On October 3, 2014, the EPA finalized approval of provisions contained in Chapter 173-400 WAC that apply generally to all sources under Ecology's jurisdiction, but stated that we would act separately on the major source-specific permitting programs in a phased approach (79 FR 59653). On November 7, 2014, the EPA finalized the second phase in the series, approving the major NNSR regulations contained in WAC 173-400-800 through 173-400-860, as well as other parts of Chapter 173-400 WAC that support major NNSR (79 FR 66291). On January 7, 2015, the EPA proposed approval of the remainder of Ecology's January 27, 2014 submittal, covering the PSD and visibility requirements for [[Page 23722]] major stationary sources under Ecology's jurisdiction (80 FR 838). An explanation of the Clean Air Act (CAA) requirements, submitted revisions, and the EPA's reasons for and limitations of the proposed approval are provided in the notice of proposed rulemaking, which, together with this document, provides the basis for our final action. The public comment period for this proposed rule ended on February 6, 2015. The EPA received two sets of similar comments on the proposal. Before addressing the public comments, the EPA is clarifying its discussion in the January 7, 2015 proposal, regarding two important distinctions between the applicability of Ecology's minor NSR program and its PSD program. These differences arise from the State's definitions of the terms ``modification'' in WAC 173-400-030(48) and ``major modification'' in WAC 173-400-710 and -720, which adopt the Federal definitions in 40 CFR 52.21(b)(2) for Ecology's PSD program. See 80 FR at 840. The proposal first noted that the applicability test for ``modifications'' under Ecology's minor NSR program is based on the definition of modification in CAA section 111(a)(4) and the EPA's implementing rules at 40 CFR 60.14, and specifically, that a modification is an increase in the emission rate of an existing facility in terms of kilograms per hour. See WAC 173-400-030(48). The proposal then noted that the applicability test under the Federal PSD program is based on tons per year. The EPA is clarifying here that under Washington's PSD program, the determination of whether a project (as that term is defined in 40 CFR 52.21(b)(52) and which is adopted by reference at WAC 173-400-720(4)(a)(vi)) is a ``major modification'' is, consistent with the Federal PSD program, based on whether the project results in both a significant emissions increase and a significant net emissions increase in terms of tons per year. See WAC 400-173- 720(4)(a)(vi) (which adopts by reference the Federal PSD applicability test and definitions in 40 CFR 52.21(a)(2) and (b)(2), respectively); see also WAC 173-400-710(a). Therefore, as stated in the proposal, for any physical or operational change at an existing stationary source, regulated sources and permitting authorities will need to calculate emission changes in terms of both kilograms per hour and tons per year to determine whether changes are subject to minor NSR, PSD, or both. Second, the proposal discussed a difference in minor NSR versus PSD review in Washington that arises from a limitation on the scope of the review of a modification under Ecology's minor NSR program. The EPA first noted that, under Ecology's minor NSR program, new source review of a modification is limited to the emission unit or units proposed to be modified and the air contaminants whose emissions would increase as a result of the modification. See WAC 173-400-110(1)(d) (``New source review of a modification is limited to the emission unit or units proposed to be modified and the air contaminants whose emissions would increase as a result of the modification.''). In contrasting this minor NSR provision with the requirements of Ecology's PSD program (and the Federal PSD program), the EPA incorrectly used the phrase ``new and modified units'' rather than the terms ``new emissions units'' and ``existing emissions units,'' the terminology used in 40 CFR 52.21(a)(2), which is incorporated into Washington's PSD regulations and the subject of this final SIP approval. The EPA is emphasizing here that, under Ecology's PSD program (as under the Federal PSD program), review of a project that is a ``major modification'' must be done in accordance with the provisions of WAC 173-400-700 through 173-400-750, and that the limitation in WAC 173-400-110(1)(d) on the review of a ``modification'' does not apply to a ``major modification.'' See WAC 173-400-110(1)(d) (``Review of a major modification must comply with WAC 173-400-700 through 173-400-750 or 173-400-800 through 173-400-860, as applicable.''). II. Response to Comments The EPA received two sets of similar comments from the Northwest Pulp & Paper Association and the Washington Forest Protection Association regarding carbon dioxide (CO2 ) emissions from industrial combustion of biomass. A. CO2 Emissions From Industrial Combustion of Both Fossil Fuel and Biomass Comment: The EPA must clearly explain in the final approval that, due to the limitations imposed by Revised Code of Washington (RCW) 70.235.020(3) concerning the industrial combustion of biomass,\1\ the EPA is retaining the authority to conduct the best available control technology (BACT) analysis for PSD permits only for biogenic CO2 emissions from biomass and will coordinate its processing and issuance of PSD permits with the Department of Ecology. One of the commenters specifically requests clarity regarding situations where there are multiple combustion fuels producing CO2 from a source and whether Ecology would retain PSD permitting authority for CO2 emissions resulting from the industrial combustion of non-biomass fuels from such a source. --------------------------------------------------------------------------- \1\ Note that one commenter refers to the exemption in RCW 70.235.020(3) as applying to ``forest biomass'' and points to the definition of that term in RCW 79.02.010(7)(a). RCW 70.235.020(3), however, uses the term ``biomass,'' not ``forest biomass,'' and nothing in RCW Ch. 70.235 indicates that the definitions in RCW Ch. 79.02 are to be used in interpreting RCW Ch. 70.235. We therefore continue to use the terminology in RCW Ch. 79.02 in describing the scope of the remaining Federal Implementation Plan for PSD in Washington. --------------------------------------------------------------------------- Response: As discussed in the proposal of this rule, RCW 70.235.020(3) statutorily bars Ecology from regulating CO2 under Ecology's PSD program in some circumstances. That statute provides that ``[e]xcept for purposes of reporting, emissions of carbon dioxide from industrial combustion of biomass in the form of fuel wood, wood waste, wood by-products, and wood residuals shall not be considered a greenhouse gas as long as the region's silvicultural sequestration capacity is maintained or increased.'' The EPA has been actively examining whether under Federal law CO2 emissions from the industrial combustion of biomass may be exempt from the PSD permitting requirements in a manner similar to RCW 70.235.020(3). In 2011, the EPA adopted a rule that deferred, for a period of three years, the application of the PSD and Title V permitting requirements to CO2 emissions from bioenergy and other biogenic stationary sources (biogenic CO2 ). 76 FR 43490 (July 20, 2011) (Biomass Deferral Rule). During the three-year deferral period, the EPA conducted a detailed examination of the science associated with biogenic CO2 emissions from stationary sources and developed a document entitled ``Accounting Framework for Biogenic CO2 Emissions from Stationary Sources,'' which the Agency submitted to the EPA Science Advisory Board (SAB) for peer review. On July 12, 2013, the U.S. Court of Appeals for the District of Columbia Circuit issued a decision overturning the Biomass Deferral Rule. Center for Biological Diversity v. EPA, 722 F.3d 421 (D.C. Cir. 2013). Although this decision has not yet taken effect because of matters still pending in the courts, the Biomass Deferral Rule expired on its own terms on July 21, 2014. The EPA was not able to issue an additional rule before this date addressing the regulation of biogenic CO2 emissions from stationary sources in the PSD permitting program. However, the EPA plans to propose revisions to the PSD [[Page 23723]] rules to include an exemption from the BACT requirement for GHGs from waste-derived feedstocks and from non-waste biogenic feedstocks derived from sustainable forest or agricultural practices. For all other biogenic feedstocks, the EPA intends to propose that biogenic CO2 emissions would remain subject to the GHG BACT requirement at this time. See Memorandum from Janet McCabe, Acting Assistant Administrator, Office of Air and Radiation, to EPA Air Division Directors, Regions 1-10, ``Addressing Biogenic Carbon Dioxide Emissions from Stationary Sources,'' (Nov. 19, 2014). In addition, to continue advancing our understanding of the role biomass can play in reducing overall GHG emissions, the EPA has developed a second draft of the Framework for Assessing Biogenic CO2 Emissions from Stationary Sources, and is initiating a second round of targeted peer review through its SAB. Although the EPA is planning to initiate the rulemaking described above that would enable states to avoid applying BACT to GHG emissions from combustion of biogenic feedstocks derived from sustainable forest or agricultural practices, the CAA and EPA regulations presently require that PSD permitting programs address CO2 emissions from the industrial combustion of biomass. CO2 is a gas included in the definition of ``greenhouse gas'' used in the Federal PSD program.\2\ Because GHGs are a pollutant subject to regulation under the CAA, section 165 of the Act requires GHG emissions from a major source obtaining a PSD permit to be subject to PSD requirements, particularly the requirement to meet emission limitations based on application of BACT. After the expiration of the three-year period in the EPA's Biomass Deferral Rule, there is presently no EPA rule in place that exempts the CO2 emissions from the industrial combustion of biomass from the requirements of the PSD permitting program. As discussed in our January 7, 2015 proposal (80 FR 838), because of the Supreme Court decision in Utility Air Regulatory Group v. Environmental Protection Agency, 134 S.Ct. 2427, the EPA is not applying the requirement that a state's SIP-approved PSD program require that sources obtain PSD permits when GHGs are the only pollutant (i) that the source emits or has the potential to emit above the major source thresholds, or (ii) for which there is a significant emissions increase and a significant net emissions increase from a physical change or change in the method of operation of a major stationary source.\3\ However, the BACT requirement remains applicable to GHGs from a source that is subject to PSD because it is major for another regulated NSR pollutant (what is known as an ``anyway source'') and which would emit a significant amount of GHGs (i.e., more than 75,000 tons per year CO2 equivalent emissions, CO2 e, as defined in 40 CFR 52.21(b)(49)). Absent an EPA rule establishing an exemption for CO2 emissions from biomass combustion, the determination of BACT for a regulated NSR pollutant must consider all of the emissions of each pollutant subject to regulation under the Act. Because RCW 70.235.020(3) prohibits Ecology from establishing BACT limits for such sources that include CO2 emissions resulting from the industrial combustion of biomass, Washington law is inconsistent with the EPA's current regulations implementing the PSD provisions in the CAA in that regard. --------------------------------------------------------------------------- \2\ See 40 CFR 52.21(b)(49)(definition of ``subject to regulation''). \3\ Under this decision, the Supreme Court held that the EPA may not treat GHGs as an air pollutant for purposes of determining whether a source is a major source (or major modification thereof) required to obtain a PSD permit, but that the EPA could continue to require that PSD permits, otherwise required based on emissions of pollutants other than GHGs, contain limitations on GHG emissions based on the application of BACT. See 80 FR at 842. --------------------------------------------------------------------------- As a result, the EPA must retain a FIP under 40 CFR 52.21 and issue partial PSD permits to ensure that major sources in Washington have a means to satisfy the CAA construction permit requirements for GHGs when CO2 emissions from the industrial combustion of biomass in Washington cannot be considered or regulated by Ecology under its PSD rules.\4\ Because Ecology does have authority to carry out all PSD requirements for GHGs except for sources permitted to engage in the industrial combustion of biomass, the EPA is approving Ecology's regulations as part of the Washington PSD SIP for such purposes. --------------------------------------------------------------------------- \4\ PSD permitting of CO2 emissions from such sources was also excluded from the 2013 Delegation Agreement between the EPA and Washington. --------------------------------------------------------------------------- For sources subject to the FIP, the EPA is retaining the authority to conduct the BACT analysis for all GHGs when necessary, not just the biogenic CO2 emissions not covered by the Washington permitting program under RCW 70.235.020(3). Because the regulated NSR pollutant is GHGs and not CO2 , the Federal PSD permit issued by the EPA under the FIP will contain a BACT limit covering all GHG emissions from a subject emission unit when that unit is permitted to emit biogenic CO2 not covered by the Washington permitting program. The EPA believes it should retain authority over all GHG emissions at such sources to avoid difficulties that could arise if Ecology and the EPA each separately evaluated BACT for only a portion of the GHG emissions from an emission unit. For example, each agency could end up calculating cost values that would not reflect the true cost of the control options for GHG emissions because not all GHGs, as defined under the Federal PSD program, would be considered by either agency. Thus, the EPA FIP addresses the impact of the Washington statutory provision in two ways. First, the Ecology and the EPA definitions of GHGs are effectively different, with the EPA's definition being more inclusive (i.e., it does not exclude CO2 emissions from the industrial combustion of biomass) so an ``anyway source'' could be subject to PSD for GHGs under the FIP when it would not be subject to PSD under the SIP. In this situation, the EPA will issue a Federal PSD permit under 40 CFR 52.21 for the new major stationary source or major modification that would require BACT for GHGs for all subject emission units at the source, regardless of whether CO2 emissions were from the industrial combustion of biomass or from other sources of GHG emissions at the facility. Second, if an ``anyway source'' is subject to PSD for GHG emissions under both the SIP and the FIP, but there are CO2 emissions from the industrial combustion of biomass that cannot be addressed in the Ecology PSD permit, the EPA will issue a Federal PSD permit under 40 CFR 52.21 requiring BACT for GHGs for each subject emissions unit with CO2 emissions from the industrial combustion of biomass. Note that the Ecology PSD permit issued under the SIP will address all other subject emission units that do not have CO2 emissions from the industrial combustion of biomass. We have revised the language of 40 CFR 52.2497 to reflect this clarification. Given this dual CAA PSD permitting authority in situations where there are multiple combustion fuels producing CO2 from a source engaged in the industrial combustion of biomass in Washington, the EPA will coordinate closely with Ecology during the PSD permit issuance process. B. EPA Guidance Comment: The EPA should also clarify that it will follow the EPA's existing guidance on BACT for biogenic emissions, ``Guidance for Determining [[Page 23724]] Best Available Control Technology for Reducing Carbon Dioxide Emissions from Bioenergy Production'' (March 2011 guidance). Response: The March 2011 guidance is the EPA's most recent guidance on the topic of BACT determinations for bioenergy production and the EPA will consider it, as appropriate, in issuing PSD permits under the FIP. The EPA will also consider prior BACT determinations for GHGs at biomass facilities, such as the one reflected in the permit EPA Region 9 issued to Sierra Pacific Industries. In the November 19, 2014 Memorandum cited above, the EPA has also stated that the Agency anticipates providing additional guidance to sources undergoing BACT analyses involving biogenic feedstocks. To the extent that guidance is available at the time the EPA issues permits under the FIP discussed in this rule, the EPA will consider that guidance as well. C. The EPA's Next Steps on Biogenic CO2 Emissions From Stationary Sources Comment: One commenter referenced the EPA's memorandum, ``Addressing Biogenic Carbon Dioxide Emissions from Stationary Sources,'' from Janet McCabe, Acting Assistant Administrator, Office of Air and Radiation, to EPA Air Division Directors, Regions 1--10, November 19, 2014, regarding biogenic CO2 emissions and urged the EPA to complete rulemaking regarding this issue in an expeditious manner. Response: The EPA will endeavor to complete this rulemaking in a timely manner. After considering public comments on the proposal for that rule, if the final rule contains an exemption that aligns with the scope of RCW 70.235.020(3), the EPA will reevaluate the extent to which the FIP established in this rule should remain applicable to Washington facilities with CO2 emissions from the industrial combustion of biomass. To enable the EPA to remove such sources from the FIP, Washington may need to consider whether an amendment to RCW 70.235.020(3) is appropriate to match the scope of any final rule adopted by the EPA. III. Final Action For the reasons set forth in our proposed rulemaking at 80 FR 838, January 7, 2015, as further discussed above, the EPA is approving and incorporating by reference the PSD and visibility permitting regulations submitted by Ecology on January 27, 2014. This action is the third and final in a series approving the remaining elements contained in Ecology's January 27, 2014 submittal. The previous two actions consisted of the EPA's October 3, 2014 (79 FR 59653) approval of general provisions that apply to all air pollution sources and the EPA's November 7, 2014 (79 FR 66291) approval of requirements that implement major source NNSR. A. Rules Approved and Incorporated by Reference Into the SIP The EPA is approving and incorporating by reference into Washington's SIP at 40 CFR part 52, subpart WW, the PSD and visibility permitting regulations listed in the table below. A full copy of the regulations is included in the docket for this action. The EPA has also determined that the general air quality regulations at WAC 173-400-036, WAC 173-400-110, WAC 173-400-111, WAC 173-400-112, WAC 173-400-113, WAC 173-400-171, and WAC 173-400-560, to the extent they relate to implementation of Ecology's PSD and visibility programs, also meet the EPA's requirements for subject sources.\5\ --------------------------------------------------------------------------- \5\ The EPA previously approved these regulations as part of our October 3, 2014 approval of Ecology's minor new source review (NSR) program. Approval of these regulations for purposes of implementing the PSD and visibility programs is subject to the exceptions and explanations described in the EPA's July 10, 2014 proposed (79 FR 39351) and October 3, 2014 final action (79 FR 59653), and the January 7, 2015 proposed action (80 FR 838) on the general air quality regulations contained in WAC 173-400-036, WAC 173-400-110, WAC 173-400-111, WAC 173-400-112, WAC 173-400-113, WAC 173-400-171, and WAC 173-400-560. Regulations Approved and Incorporated by Reference ---------------------------------------------------------------------------------------------------------------- State State citation Title/Subject effective Explanation date ---------------------------------------------------------------------------------------------------------------- Chapter 173-400 WAC, General Regulations for Air Pollution Sources ---------------------------------------------------------------------------------------------------------------- 173-400-036................ Relocation of Portable 12/29/12 ........................................ Sources. 173-400-110................ New Source Review (NSR) 12/29/12 Except: for Sources and Portable 173-400-110(1)(c)(ii)(C); 173-400- Sources. 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; and [[Page 23725]] 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 12/29/12 Except: Construction 173-400-111(3)(h); Applications for 173-400-111(3)(i); Sources, Stationary The part of 173-400-111(8)(a)(v) that Sources and Portable says, Sources. ``and 173-460-040,''; and 173- 400-111(9). 173-400-112................ Processing Notice of 12/29/12 Except: Construction 173-400-112(8). Applications for Sources, Stationary Sources and Portable Sources. 173-400-113................ New Sources in Attainment 12/29/12 Except: or Unclassifiable Areas-- 173-400-113(3), second sentence. Review for Compliance with Regulations. 173-400-116................ Increment Protection..... 9/10/11 ........................................ 173-400-117................ Special Protection 12/29/12 ........................................ Requirements for Federal Class I Areas. 173-400-171................ Public Notice and 12/29/12 Except: Opportunity for Public The part of 173-400-171(3)(b) that says, Comment. ``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''; and 173-400-171(12). 173-400-560................ General Order of Approval 12/29/12 Except: The part of 173-400-560(1)(f) that says, ``173-460 WAC''. 173-400-700................ Review of Major 4/1/11 ........................................ Stationary Sources of Air Pollution. 173-400-710................ Definitions.............. 12/29/12 ........................................ 173-400-720................ Prevention of Significant 12/29/12 Except: Deterioration (PSD). 173-400-720(4)(a)(i through iv); 173-400- 720(4)(b)(iii)(C); and 173-400- 720(4)(a)(vi) with respect to the incorporation by reference of the text in 40 CFR 52.21(b)(49)(v), 52.21(i)(5)(i), and 52.21(k)(2). 173-400-730................ Prevention of Significant 12/29/12 ........................................ Deterioration Application Processing Procedures. 173-400-740................ PSD Permitting Public 12/29/12 ........................................ Involvement Requirements. 173-400-750................ Revisions to PSD Permits. 12/29/12 Except: 173-400-750(2) second sentence. ---------------------------------------------------------------------------------------------------------------- B. Transfer of Existing EPA-Issued PSD Permits As discussed in the proposal, Ecology requested approval to exercise its authority to fully administer the PSD program with respect to those sources under Ecology's permitting jurisdiction that have existing PSD permits issued by the EPA since August 7, 1977. 80 FR 843, January 7, 2015. Upon the effective date of this approval of Ecology's PSD program into the SIP, we transfer the EPA-issued PSD permits issued on and after August 7, 1977 to Ecology. The EPA retains authority to administer PSD permits issued by the EPA in Washington prior to August 7, 1977. Id. C. Scope of Final Action 1. WAC 173-400-700 Through 173-400-750 Under WAC 173-400-700, Ecology's PSD regulations contained in WAC 173-400-700 through 173-400-750 apply statewide, except where a local clean air agency has received delegation of the Federal PSD program from the EPA or has a SIP-approved PSD program. At this time, no local clean air agencies in Washington have a delegated or SIP-approved PSD program. For the reasons provided in the preambles to the proposed and final notices of rulemaking, the EPA is therefore approving WAC 173- 400-700 through 173-400-750 to apply statewide, with the three exceptions described below. For the following exceptions, the PSD FIP codified at 40 CFR 52.2497 and 40 CFR 52.21 will continue to apply, and the EPA will retain responsibility for issuing PSD permits to and implementing the Federal PSD program for such sources: a. Sources Under the Energy Facilities Site Evaluation Council (EFSEC) Jurisdiction By statute, Ecology does not have authority to issue PSD permits to sources under the jurisdiction of EFSEC. See Chapter 80.50 of the Revised Code of Washington (RCW). Therefore, the EPA's approval of Ecology's PSD program, under WAC 173-400-700 through 173-400-750, excludes projects under the jurisdiction of EFSEC. Such sources will continue to be subject to the PSD FIP codified at 40 CFR 52.2497 and 40 CFR 52.21, until such time that EFSEC's PSD rules are approved into the SIP. b. CO 2 Emissions From Industrial Combustion of Biomass As discussed above, under a provision contained in RCW 70.235.020, Greenhouse Gas Emissions Reductions--Reporting Requirements, Ecology is statutorily barred from [[Page 23726]] regulating certain GHG emissions. As a result, the EPA is retaining a FIP under 40 CFR 52.21 and will issue partial PSD permits to ensure that major sources in Washington have a means to satisfy the CAA construction permit requirements for GHGs when CO2 emissions from the industrial combustion of biomass in Washington are not being considered or regulated by Ecology under its PSD rules. Because Ecology does have authority to carry out all PSD requirements for GHGs except for sources permitted to engage in the industrial combustion of biomass, the EPA is approving Ecology's regulations as part of the Washington PSD SIP for such purposes. c. Sources in Certain Areas of Indian Country Excluded from the scope of this final approval of Ecology's PSD program are all Indian reservations in the State, except as specifically noted below, and any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. Sources on such lands will continue to be subject to the PSD FIP codified at 40 CFR 52.2497 and 40 CFR 52.21. 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 exterior boundaries of the Puyallup Indian Reservation (also known as the 1873 Survey Area) and the EPA is therefore proposing to approve Ecology's PSD regulations into the SIP with respect to such lands. d. Scope of PSD FIP in Washington Consistent with the limitations on the scope of the EPA's final approval of WAC 173-400-700 through 173-400-750 in the Washington SIP, the EPA retains, but significantly narrows, the scope of the current PSD FIP codified at 40 CFR 52.2497. The EPA will continue to implement the current PSD FIP as provided in III.C.1.a., b., and c. of this document. 2. WAC 173-400-116 and 173-400-117 With respect to the EPA's approval of WAC 173-400-116 and WAC 173- 400-117, the SIP-approved provisions of WAC 173-400-020 govern jurisdictional applicability for those sections. WAC 173-400-020 states, ``[t]he provisions of this chapter shall apply statewide, except for specific subsections where a local authority has adopted and implemented corresponding local rules that apply only to sources subject to local jurisdiction as provided under RCW 70.94.141 and 70.94.331.'' Because Ecology will be the only authority in Washington with a SIP-approved PSD program that would implement WAC 173-400-116, Increment Protection, the EPA's approval of WAC 173-400-116 applies statewide, with the two exceptions discussed below. Similarly, the scope of our approval of WAC 173-400-117, Special Protection Requirements for Federal Class I Areas, applies statewide for PSD permits issued by Ecology under WAC 173-400-700 through 173-400-750, noting the two exceptions discussed below. However, for visibility- related elements associated with permits issued under the major NNSR program, the applicability of WAC 173-400-117 is more complicated because local clean air agencies have the authority under state law to have alternative, but no less stringent, permitting requirements. Therefore, consistent with the EPA's November 7, 2014 approval of Ecology's major NNSR program, our approval of WAC 173-400-117, as it relates to NNSR permits issues under WAC 173-400-800 through 173-400- 860, is limited to only those counties or sources where Ecology has direct jurisdiction. The counties where Ecology has direct jurisdiction are: Adams, Asotin, Chelan, Columbia, Douglas, Ferry, Franklin, Garfield, Grant, Kittitas, Klickitat, Lincoln, Okanogan, Pend Oreille, San Juan, Stevens, Walla Walla, and Whitman Counties, with the two exceptions discussed below. The EPA also notes that under the SIP- approved provisions of WAC 173-405-012, WAC 173-410-012, and WAC 173- 415-012, Ecology has statewide, direct jurisdiction for kraft pulp mills, sulfite pulping mills, and primary aluminum plants, excluding certain areas of Indian country as discussed further. The EPA is therefore approving WAC 173-400-117 in all areas of the state under Ecology's jurisdiction for those specified source categories. For the following exceptions the visibility FIP codified at 40 CFR 52.2498 will continue to apply and the EPA will retain responsibility for issuing visibility permits for such sources: a. Sources Under the Energy Facilities Site Evaluation Council (EFSEC) Jurisdiction By State statute, Ecology does not have authority to issue permits to sources under the jurisdiction of EFSEC. See Chapter 80.50 of the Revised Code of Washington (RCW). Therefore, the EPA's approval of WAC 173-400-116 and 173-400-117 excludes projects under the jurisdiction of EFSEC. Such sources will continue to be subject to the visibility FIP codified at 40 CFR 52.2498, until such time that EFSEC's corollaries to WAC 173-400-116 and 173-400-117 are approved into the SIP. b. Sources in Certain Areas of Indian Country Excluded from the scope of this final approval of the visibility permitting program are all Indian reservations in the State, except as specifically noted below, and any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. Sources on such lands will continue to be subject to the visibility FIP codified at 40 CFR 52.2498. 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 exterior boundaries of the Puyallup Indian Reservation (also known as the 1873 Survey Area) and the EPA is therefore proposing to approve Ecology's visibility regulations into the SIP with respect to such lands for those facilities where Ecology has direct jurisdiction. c. Scope of Visibility FIP in Washington Consistent with the limitations on the scope of our approval of Ecology's major NNSR program (79 FR at 43349), the EPA retains, but significantly narrows, the scope of the current visibility FIP codified at 40 CFR 52.2498. D. The EPA's Oversight Role As discussed in the proposal, 80 FR at 845, in approving state new source review rules into SIPs, the EPA has a responsibility to ensure that all states properly implement their SIP-approved preconstruction permitting programs. The EPA's approval of Ecology's PSD rules does not divest the EPA of the responsibility to continue appropriate oversight to ensure that permits issued by Ecology are consistent with the requirements of the CAA, Federal regulations, and the SIP. The EPA's authority to oversee permit program implementation is set forth in sections 113, 167, and 505(b) of the CAA. For example, section 167 provides that the EPA shall issue administrative orders, initiate civil actions, or take whatever other action may be necessary to prevent the construction or modification of a major stationary source that does not ``conform to the requirements of'' the PSD program. Similarly, section 113(a)(5) of the CAA provides for administrative orders and civil actions whenever the EPA finds that a state ``is not acting in compliance with'' any requirement or prohibition of the CAA regarding the construction of new [[Page 23727]] sources or modification of existing sources. Likewise, section 113(a)(1) provides for a range of enforcement remedies whenever the EPA finds that a person is in violation of an applicable implementation plan. In making judgments as to what constitutes compliance with the CAA and regulations issued thereunder, the EPA looks to (among other sources) its prior interpretations regarding those statutory and regulatory requirements and policies for implementing them. It follows that state actions implementing the Federal CAA that do not conform to the CAA may lead to potential oversight action by the EPA. 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, the EPA is finalizing the incorporation by reference of the Washington State Department of Ecology regulations listed in section II.A. Rules Approved and Incorporated by Reference into the SIP of this preamble. The EPA has made, and will continue to make, these documents generally available electronically through www.regulations.gov and/or in hard copy at the appropriate EPA office (see the ADDRESSES section of this preamble for more information). V. Statutory and Executive Orders Review Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, the EPA's role is to approve State choices, provided that they meet the criteria of the 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). 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 February 25, 2014. The EPA did not receive a request for consultation. 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 29, 2015. 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 13, 2015. Dennis J. McLerran, Regional Administrator, Region 10. For the reasons stated 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. Section 52.2470 is amended in paragraph (c), Table 2--Additional Regulations Approved for Washington Department of Ecology (Ecology) Direct Jurisdiction by: 0 a. Revising the heading; 0 b. Revising the entries 173-400-036, 173-400-110, 173-400-111, 173-400- 112, and 173-400-113; 0 c. Adding in numerical order entries for 173-400-116 and 173-400-117; 0 d. Revising the entries 173-400-171 and 173-400-560; 0 e. Adding in numerical order entries for 173-400-700, 173-400-710, 173- [[Page 23728]] 400-720, 173-400-730, 173-400-740, and 173-400-750; and 0 f. Removing the footnote at end of Table 2. The revisions and additions read as follows: Sec. 52.2470 Identification of plan. * * * * * (c) * * * Table 2--Additional Regulations Approved for Washington Department of Ecology (Ecology) Direct Jurisdiction [Applicable in Adams, Asotin, Chelan, Columbia, Douglas, Ferry, Franklin, Garfield, Grant, Kittitas, Klickitat, Lincoln, Okanogan, Pend Oreille, San Juan, Stevens, Walla Walla, and Whitman counties, excluding facilities subject to Energy Facilities Site Evaluation Council (EFSEC) jurisdiction, Indian reservations (excluding non- trust land within the exterior boundaries of the Puyallup Indian Reservation), and any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. These regulations also apply statewide for facilities subject to the applicability sections of WAC 173-400-700, WAC 173-405-012, WAC 173-410-012, and WAC 173-415-012] ---------------------------------------------------------------------------------------------------------------- State State citation Title/subject effective EPA approval Explanations date date ---------------------------------------------------------------------------------------------------------------- Washington Administrative Code, Chapter 173-400--General Regulations for Air Pollution Sources ---------------------------------------------------------------------------------------------------------------- * * * * * * * 173-400-036..... Relocation of 12/29/12 04/29/15 .............................................. Portable [Insert Sources. Federal Register citation]. * * * * * * * 173-400-110..... New Source 12/29/12 04/29/15 Except: Review (NSR) [Insert 173-400-110(1)(c)(ii)(C); for Sources Federal 173-400-110(1)(e); 173-400-110(2)(d); and Portable Register The part of WAC 173-400-110(4)(b)(vi) that Sources. citation]. 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; and The last row of the table in 173-400-110(5)(b) regarding exemption levels for Toxic Air Pollutants. 173-400-111..... Processing 12/29/12 04/29/15 Except: Notice of [Insert 173-400-111(3)(h); Construction Federal 173-400-111(3)(i); Applications Register The part of 173-400-111(8)(a)(v) that says, for Sources, citation]. ``and 173-460-040,''; and Stationary 173-400-111(9). Sources and Portable Sources. 173-400-112..... Requirements 12/29/12 04/29/15 Except: for New [Insert 173-400-112(8). Sources in Federal Nonattainment Register Areas--Review citation]. for Compliance with Regulations. 173-400-113..... New Sources in 12/29/12 04/29/15 Except: Attainment or [Insert 173-400-113(3), second sentence. Unclassifiable Federal Areas--Review Register for Compliance citation]. with Regulations. 173-400-116..... Increment 9/10/11 04/29/15 .............................................. Protection. [Insert Federal Register citation]. [[Page 23729]] 173-400-117..... Special 12/29/12 04/29/15 .............................................. Protection [Insert Requirements Federal for Federal Register Class I Areas. citation]. * * * * * * * 173-400-171..... Public Notice 12/29/12 04/29/15 Except: and [Insert The part of 173-400-171(3)(b) that says, Opportunity Federal ``or any increase in emissions of a for Public Register toxic air pollutant above the acceptable Comment. citation]. source impact level for that toxic air pollutant as regulated under chapter 173-460 WAC''; and 173-400-171(12). * * * * * * * 173-400-560..... General Order 12/29/12 04/29/15 Except: of Approval. [Insert The part of 173-400-560(1)(f) that says, Federal ``173-460 WAC''. Register citation]. 173-400-700..... Review of Major 4/1/11 04/29/15 .............................................. Stationary [Insert Sources of Air Federal Pollution. Register citation]. 173-400-710..... Definitions.... 12/29/12 04/29/15 .............................................. [Insert Federal Register citation]. 173-400-720..... Prevention of 12/29/12 04/29/15 Except: Significant [Insert 173-400-720(4)(a)(i-iv); 173-400- Deterioration Federal 720(4)(b)(iii)(C); and 173-400-720(4)(a)(vi) (PSD). Register with respect to the incorporation by citation]. reference of the text in 40 CFR 52.21(b)(49)(v), 52.21(i)(5)(i), and 52.21(k)(2). 173-400-730..... Prevention of 12/29/12 04/29/15 .............................................. Significant [Insert Deterioration Federal Application Register Processing citation]. Procedures. 173-400-740..... PSD Permitting 12/29/12 04/29/15 .............................................. Public [Insert Involvement Federal Requirements. Register citation]. 173-400-750..... Revisions to 12/29/12 04/29/15 Except: PSD Permits. [Insert 173-400-750(2) second sentence. Federal Register citation]. * * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * 0 3. Section 52.2497 is amended by revising paragraphs (a) and (b) to read as follows: Sec. 52.2497 Significant deterioration of air quality. (a) The requirements of sections 160 through 165 of the Clean Air Act are not fully met because the plan does not include approvable procedures for preventing the significant deterioration of air quality from: (1) Facilities subject to the jurisdiction of the Energy Facilities Site Evaluation Council pursuant to Chapter 80.50 Revised Code of Washington (RCW); (2) Facilities with carbon dioxide (CO 2 ) emissions from the industrial combustion of biomass in the following circumstances: (i) Where a new major stationary source or major modification would be subject to Prevention of Significant Deterioration (PSD) requirements for greenhouse gases (GHGs) under Sec. 52.21, but would not be subject to PSD under the state implementation plan (SIP) because CO2 emissions from the industrial combustion of biomass are excluded from consideration as GHGs as a matter of state law under RCW 70.235.020(3); or (ii) Where a new major stationary source or major modification is subject to PSD for GHGs under both the Washington SIP and the FIP, but CO2 emissions from the industrial combustion of biomass are excluded from consideration in the Ecology PSD permitting process because of the exclusion in RCW 70.235.020(3); (3) Indian reservations in Washington, except for non-trust land within the exterior boundaries of the Puyallup Indian Reservation (also known as the 1873 Survey Area) as provided in the Puyallup Tribe of Indians Settlement Act of 1989, 25 U.S.C. 1773, and any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction; and (4) Sources subject to PSD permits issued by the EPA prior to August 7, 1977, but only with respect to the general administration of any such permits still in effect (e.g., modifications, amendments, or revisions of any nature). [[Page 23730]] (b) Regulations for preventing significant deterioration of air quality. The provisions of Sec. 52.21, except paragraph (a)(1), are hereby incorporated and made a part of the applicable plan for Washington for the facilities, emission sources, geographic areas, and permits listed in paragraph (a) of this section. For situations addressed in paragraph (a)(2)(i) of this section, the EPA will issue a Federal PSD permit under Sec. 52.21 to the new major stationary source or major modification addressing PSD requirements applicable to GHGs for all subject emission units at the source, regardless of whether CO2 emissions resulted from the industrial combustion of biomass or from other sources of GHGs at the facility. For situations addressed in paragraph (a)(2)(ii) of this section, the EPA will issue a Federal PSD permit under Sec. 52.21 addressing PSD requirements applicable to GHGs for each subject emissions unit that is permitted to emit CO2 from the industrial combustion of biomass. * * * * * 0 4. Section 52.2498 is amended by revising paragraphs (a) and (b) to read as follows: Sec. 52.2498 Visibility protection. (a) The requirements of section 169A of the Clean Air Act are not fully met because the plan does not include approvable procedures for visibility new source review for: (1) Facilities subject to the jurisdiction of the Energy Facilities Site Evaluation Council pursuant to Chapter 80.50 Revised Code of Washington; (2) Sources subject to the jurisdiction of local air authorities; (3) Indian reservations in Washington except for non-trust land within the exterior boundaries of the Puyallup Indian Reservation (also known as the 1873 Survey Area) as provided in the Puyallup Tribe of Indians Settlement Act of 1989, 25 U.S.C. 1773, and any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. (b) Regulations for visibility new source review. The provisions of Sec. 52.28 are hereby incorporated and made a part of the applicable plan for Washington for the facilities, emission sources, and geographic areas listed in paragraph (a) of this section. * * * * * [FR Doc. 2015-09889 Filed 4-28-15; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 80, No. 82 / Wednesday, April 29, 2015 / Rules and Regulations 23721
List of Subjects in 40 CFR Part 52 Dated: April 16, 2015. Authority: 42 U.S.C. 7401 et seq.
Susan Hedman,
Environmental protection, Air ■ 2. In § 52.770, the table in paragraph
Regional Administrator, Region 5.
pollution control, Incorporation by (e) is amended by adding an entry in
reference, Intergovernmental relations, 40 CFR part 52 is amended as follows: alphabetical order for ‘‘Section 110(a)(2)
Ozone, Reporting and recordkeeping Infrastructure Requirements for the 2008
PART 52—APPROVAL AND Ozone NAAQS’’ to read as follows:
requirements. PROMULGATION OF
IMPLEMENTATION PLANS § 52.770 Identification of plan.
■ 1. The authority citation for part 52 * * * * *
continues to read as follows: (e) * * *
EPA-APPROVED INDIANA NONREGULATORY AND QUASI-REGULATORY PROVISIONS
Title Indiana date EPA Approval Explanation
* * * * * * *
Section 110(a)(2) Infrastructure 12/12/2011 4/29/2015, [insert Federal This action addresses the following CAA elements:
Requirements for the 2008 Register citation]. 110(a)(2)(A), (B), (C), (D)(i)(II) except visibility, (D)(ii), (E),
Ozone NAAQS. (F), (G), (H), (J) except visibility, (K), (L), and (M).
* * * * * * *
[FR Doc. 2015–09883 Filed 4–28–15; 8:45 am] DATES: This final rule is effective on (ii) The words ‘‘EPA’’, ‘‘we’’, ‘‘us’’ or
BILLING CODE 6560–50–P May 29, 2015. ‘‘our’’ mean or refer to the
ADDRESSES: The EPA has established a Environmental Protection Agency.
docket for this action under Docket ID (iii) The initials ‘‘SIP’’ mean or refer
ENVIRONMENTAL PROTECTION No. EPA–R10–OAR–2014–0755. All to State Implementation Plan.
AGENCY (iv) The words ‘‘Washington’’ and
documents in the docket are listed on
‘‘State’’ mean the State of Washington.
40 CFR Part 52 the www.regulations.gov Web site.
Although listed in the index, some Table of Contents
[EPA–R10–OAR–2014–0755; FRL–9926–95– information is not publicly available,
Region 10] I. Background Information
e.g., Confidential Business Information II. Response to Comments
(CBI) or other information the disclosure III. Final Action
Approval and Promulgation of
of which is restricted by statute. Certain IV. Incorporation by Reference
Implementation Plans; Washington: V. Statutory and Executive Orders Review
other material, such as copyrighted
Prevention of Significant Deterioration
material, is not placed on the Internet
and Visibility Protection I. Background Information
and will be publicly available only in
AGENCY: Environmental Protection hard copy form. Publicly available On January 27, 2014, Ecology
Agency (EPA). docket materials are available either submitted revisions to update the
ACTION: Final rule. electronically through general air quality regulations contained
www.regulations.gov or in hard copy at in Chapter 173–400 of the Washington
SUMMARY: The Environmental Protection the Air Planning Unit, Office of Air, Administrative Code (WAC) that apply
Agency (EPA) is approving revisions to Waste and Toxics, EPA Region 10, 1200 to sources within Ecology’s jurisdiction,
the Washington State Implementation Sixth Avenue, Seattle, WA 98101. The including minor new source review,
Plan (SIP) that were submitted by the EPA requests that if at all possible, you major source nonattainment new source
Department of Ecology (Ecology) on contact the individual listed in the FOR review (major NNSR), PSD, and the
January 27, 2014. These revisions FURTHER INFORMATION CONTACT section to visibility protection (visibility) program.
implement the preconstruction view the hard copy of the docket. You On October 3, 2014, the EPA finalized
permitting regulations for large may view the hard copy of the docket approval of provisions contained in
industrial (major source) facilities in Monday through Friday, 8:00 a.m. to Chapter 173–400 WAC that apply
attainment and unclassifiable areas, 4:00 p.m., excluding Federal holidays. generally to all sources under Ecology’s
called the Prevention of Significant jurisdiction, but stated that we would
FOR FURTHER INFORMATION CONTACT: Jeff
Deterioration (PSD) program. The PSD act separately on the major source-
Hunt at (206) 553–0256,
program in Washington has been specific permitting programs in a
hunt.jeff@epa.gov, or by using the above
historically operated under a Federal phased approach (79 FR 59653). On
EPA, Region 10 address.
Implementation Plan (FIP). This November 7, 2014, the EPA finalized the
approval of Ecology’s PSD program SUPPLEMENTARY INFORMATION: second phase in the series, approving
narrows the FIP to include only those Definitions the major NNSR regulations contained
few facilities, emission sources, in WAC 173–400–800 through 173–400–
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geographic areas, and permits for which For the purpose of this document, we 860, as well as other parts of Chapter
Ecology does not have PSD permitting are giving meaning to certain words or 173–400 WAC that support major NNSR
jurisdiction or authority. The EPA is initials as follows: (79 FR 66291).
also approving Ecology’s visibility (i) The words or initials ‘‘Act’’ or On January 7, 2015, the EPA proposed
protection permitting program which ‘‘CAA’’ mean or refer to the Clean Air approval of the remainder of Ecology’s
overlaps significantly with the PSD Act, unless the context indicates January 27, 2014 submittal, covering the
program. otherwise. PSD and visibility requirements for
VerDate Sep<11>2014 16:52 Apr 28, 2015 Jkt 235001 PO 00000 Frm 00049 Fmt 4700 Sfmt 4700 E:\FR\FM\29APR1.SGM 29APR1](https://thefederalregister.org/doc/80_FR_23803/page/1.svg)
![23722 Federal Register / Vol. 80, No. 82 / Wednesday, April 29, 2015 / Rules and Regulations
major stationary sources under a modification under Ecology’s minor retaining the authority to conduct the
Ecology’s jurisdiction (80 FR 838). An NSR program. The EPA first noted that, best available control technology
explanation of the Clean Air Act (CAA) under Ecology’s minor NSR program, (BACT) analysis for PSD permits only
requirements, submitted revisions, and new source review of a modification is for biogenic CO2 emissions from
the EPA’s reasons for and limitations of limited to the emission unit or units biomass and will coordinate its
the proposed approval are provided in proposed to be modified and the air processing and issuance of PSD permits
the notice of proposed rulemaking, contaminants whose emissions would with the Department of Ecology. One of
which, together with this document, increase as a result of the modification. the commenters specifically requests
provides the basis for our final action. See WAC 173–400–110(1)(d) (‘‘New clarity regarding situations where there
The public comment period for this source review of a modification is are multiple combustion fuels
proposed rule ended on February 6, limited to the emission unit or units producing CO2 from a source and
2015. The EPA received two sets of proposed to be modified and the air whether Ecology would retain PSD
similar comments on the proposal. contaminants whose emissions would permitting authority for CO2 emissions
Before addressing the public increase as a result of the resulting from the industrial combustion
comments, the EPA is clarifying its modification.’’). In contrasting this of non-biomass fuels from such a
discussion in the January 7, 2015 minor NSR provision with the source.
proposal, regarding two important requirements of Ecology’s PSD program Response: As discussed in the
distinctions between the applicability of (and the Federal PSD program), the EPA proposal of this rule, RCW 70.235.020(3)
Ecology’s minor NSR program and its incorrectly used the phrase ‘‘new and statutorily bars Ecology from regulating
PSD program. These differences arise modified units’’ rather than the terms CO2 under Ecology’s PSD program in
from the State’s definitions of the terms ‘‘new emissions units’’ and ‘‘existing some circumstances. That statute
‘‘modification’’ in WAC 173–400– emissions units,’’ the terminology used provides that ‘‘[e]xcept for purposes of
030(48) and ‘‘major modification’’ in in 40 CFR 52.21(a)(2), which is reporting, emissions of carbon dioxide
WAC 173–400–710 and –720, which incorporated into Washington’s PSD from industrial combustion of biomass
adopt the Federal definitions in 40 CFR regulations and the subject of this final in the form of fuel wood, wood waste,
52.21(b)(2) for Ecology’s PSD program. SIP approval. The EPA is emphasizing wood by-products, and wood residuals
See 80 FR at 840. The proposal first here that, under Ecology’s PSD program shall not be considered a greenhouse gas
noted that the applicability test for (as under the Federal PSD program), as long as the region’s silvicultural
‘‘modifications’’ under Ecology’s minor review of a project that is a ‘‘major sequestration capacity is maintained or
NSR program is based on the definition modification’’ must be done in increased.’’ The EPA has been actively
of modification in CAA section 111(a)(4) accordance with the provisions of WAC examining whether under Federal law
and the EPA’s implementing rules at 40 173–400–700 through 173–400–750, and CO2 emissions from the industrial
CFR 60.14, and specifically, that a that the limitation in WAC 173–400– combustion of biomass may be exempt
modification is an increase in the 110(1)(d) on the review of a from the PSD permitting requirements
emission rate of an existing facility in ‘‘modification’’ does not apply to a in a manner similar to RCW
terms of kilograms per hour. See WAC ‘‘major modification.’’ See WAC 173– 70.235.020(3). In 2011, the EPA adopted
173–400–030(48). The proposal then 400–110(1)(d) (‘‘Review of a major a rule that deferred, for a period of three
noted that the applicability test under modification must comply with WAC years, the application of the PSD and
the Federal PSD program is based on 173–400–700 through 173–400–750 or Title V permitting requirements to CO2
tons per year. The EPA is clarifying here 173–400–800 through 173–400–860, as emissions from bioenergy and other
that under Washington’s PSD program, applicable.’’). biogenic stationary sources (biogenic
the determination of whether a project CO2). 76 FR 43490 (July 20, 2011)
(as that term is defined in 40 CFR II. Response to Comments (Biomass Deferral Rule). During the
52.21(b)(52) and which is adopted by The EPA received two sets of similar three-year deferral period, the EPA
reference at WAC 173–400– comments from the Northwest Pulp & conducted a detailed examination of the
720(4)(a)(vi)) is a ‘‘major modification’’ Paper Association and the Washington science associated with biogenic CO2
is, consistent with the Federal PSD Forest Protection Association regarding emissions from stationary sources and
program, based on whether the project carbon dioxide (CO2) emissions from developed a document entitled
results in both a significant emissions industrial combustion of biomass. ‘‘Accounting Framework for Biogenic
increase and a significant net emissions CO2 Emissions from Stationary
A. CO2 Emissions From Industrial
increase in terms of tons per year. See Sources,’’ which the Agency submitted
Combustion of Both Fossil Fuel and
WAC 400–173–720(4)(a)(vi) (which to the EPA Science Advisory Board
Biomass
adopts by reference the Federal PSD (SAB) for peer review.
applicability test and definitions in 40 Comment: The EPA must clearly On July 12, 2013, the U.S. Court of
CFR 52.21(a)(2) and (b)(2), respectively); explain in the final approval that, due Appeals for the District of Columbia
see also WAC 173–400–710(a). to the limitations imposed by Revised Circuit issued a decision overturning
Therefore, as stated in the proposal, for Code of Washington (RCW) the Biomass Deferral Rule. Center for
any physical or operational change at an 70.235.020(3) concerning the industrial Biological Diversity v. EPA, 722 F.3d
existing stationary source, regulated combustion of biomass,1 the EPA is 421 (D.C. Cir. 2013). Although this
sources and permitting authorities will decision has not yet taken effect because
need to calculate emission changes in 1 Note that one commenter refers to the
of matters still pending in the courts,
terms of both kilograms per hour and exemption in RCW 70.235.020(3) as applying to the Biomass Deferral Rule expired on its
mstockstill on DSK4VPTVN1PROD with RULES
‘‘forest biomass’’ and points to the definition of that
tons per year to determine whether term in RCW 79.02.010(7)(a). RCW 70.235.020(3),
own terms on July 21, 2014. The EPA
changes are subject to minor NSR, PSD, however, uses the term ‘‘biomass,’’ not ‘‘forest was not able to issue an additional rule
or both. biomass,’’ and nothing in RCW Ch. 70.235 indicates before this date addressing the
Second, the proposal discussed a that the definitions in RCW Ch. 79.02 are to be used regulation of biogenic CO2 emissions
in interpreting RCW Ch. 70.235. We therefore
difference in minor NSR versus PSD continue to use the terminology in RCW Ch. 79.02
from stationary sources in the PSD
review in Washington that arises from a in describing the scope of the remaining Federal permitting program. However, the EPA
limitation on the scope of the review of Implementation Plan for PSD in Washington. plans to propose revisions to the PSD
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![23726 Federal Register / Vol. 80, No. 82 / Wednesday, April 29, 2015 / Rules and Regulations
regulating certain GHG emissions. As a Ecology will be the only authority in 52.2498, until such time that EFSEC’s
result, the EPA is retaining a FIP under Washington with a SIP-approved PSD corollaries to WAC 173–400–116 and
40 CFR 52.21 and will issue partial PSD program that would implement WAC 173–400–117 are approved into the SIP.
permits to ensure that major sources in 173–400–116, Increment Protection, the
b. Sources in Certain Areas of Indian
Washington have a means to satisfy the EPA’s approval of WAC 173–400–116
Country
CAA construction permit requirements applies statewide, with the two
for GHGs when CO2 emissions from the exceptions discussed below. Similarly, Excluded from the scope of this final
industrial combustion of biomass in the scope of our approval of WAC 173– approval of the visibility permitting
Washington are not being considered or 400–117, Special Protection program are all Indian reservations in
regulated by Ecology under its PSD Requirements for Federal Class I Areas, the State, except as specifically noted
rules. Because Ecology does have applies statewide for PSD permits below, and any other area where the
authority to carry out all PSD issued by Ecology under WAC 173–400– EPA or an Indian tribe has demonstrated
requirements for GHGs except for 700 through 173–400–750, noting the that a tribe has jurisdiction. Sources on
sources permitted to engage in the two exceptions discussed below. such lands will continue to be subject
industrial combustion of biomass, the However, for visibility-related elements to the visibility FIP codified at 40 CFR
EPA is approving Ecology’s regulations associated with permits issued under 52.2498.
as part of the Washington PSD SIP for the major NNSR program, the Under the Puyallup Tribe of Indians
such purposes. applicability of WAC 173–400–117 is Settlement Act of 1989, 25 U.S.C. 1773,
more complicated because local clean Congress explicitly provided state and
c. Sources in Certain Areas of Indian air agencies have the authority under local agencies in Washington authority
Country state law to have alternative, but no less over activities on non-trust lands within
Excluded from the scope of this final stringent, permitting requirements. the exterior boundaries of the Puyallup
approval of Ecology’s PSD program are Therefore, consistent with the EPA’s Indian Reservation (also known as the
all Indian reservations in the State, November 7, 2014 approval of Ecology’s 1873 Survey Area) and the EPA is
except as specifically noted below, and major NNSR program, our approval of therefore proposing to approve
any other area where the EPA or an WAC 173–400–117, as it relates to Ecology’s visibility regulations into the
Indian tribe has demonstrated that a NNSR permits issues under WAC 173– SIP with respect to such lands for those
tribe has jurisdiction. Sources on such 400–800 through 173–400–860, is facilities where Ecology has direct
lands will continue to be subject to the limited to only those counties or sources jurisdiction.
PSD FIP codified at 40 CFR 52.2497 and where Ecology has direct jurisdiction. c. Scope of Visibility FIP in Washington
40 CFR 52.21. The counties where Ecology has direct
Under the Puyallup Tribe of Indians jurisdiction are: Adams, Asotin, Chelan, Consistent with the limitations on the
Settlement Act of 1989, 25 U.S.C. 1773, Columbia, Douglas, Ferry, Franklin, scope of our approval of Ecology’s major
Congress explicitly provided state and Garfield, Grant, Kittitas, Klickitat, NNSR program (79 FR at 43349), the
local agencies in Washington authority Lincoln, Okanogan, Pend Oreille, San EPA retains, but significantly narrows,
over activities on non-trust lands within Juan, Stevens, Walla Walla, and the scope of the current visibility FIP
the exterior boundaries of the Puyallup Whitman Counties, with the two codified at 40 CFR 52.2498.
Indian Reservation (also known as the exceptions discussed below. The EPA D. The EPA’s Oversight Role
1873 Survey Area) and the EPA is also notes that under the SIP-approved
therefore proposing to approve provisions of WAC 173–405–012, WAC As discussed in the proposal, 80 FR
Ecology’s PSD regulations into the SIP 173–410–012, and WAC 173–415–012, at 845, in approving state new source
with respect to such lands. Ecology has statewide, direct review rules into SIPs, the EPA has a
jurisdiction for kraft pulp mills, sulfite responsibility to ensure that all states
d. Scope of PSD FIP in Washington properly implement their SIP-approved
pulping mills, and primary aluminum
Consistent with the limitations on the plants, excluding certain areas of Indian preconstruction permitting programs.
scope of the EPA’s final approval of country as discussed further. The EPA The EPA’s approval of Ecology’s PSD
WAC 173–400–700 through 173–400– is therefore approving WAC 173–400– rules does not divest the EPA of the
750 in the Washington SIP, the EPA 117 in all areas of the state under responsibility to continue appropriate
retains, but significantly narrows, the Ecology’s jurisdiction for those specified oversight to ensure that permits issued
scope of the current PSD FIP codified at source categories. by Ecology are consistent with the
40 CFR 52.2497. The EPA will continue For the following exceptions the requirements of the CAA, Federal
to implement the current PSD FIP as visibility FIP codified at 40 CFR 52.2498 regulations, and the SIP. The EPA’s
provided in III.C.1.a., b., and c. of this will continue to apply and the EPA will authority to oversee permit program
document. retain responsibility for issuing implementation is set forth in sections
visibility permits for such sources: 113, 167, and 505(b) of the CAA. For
2. WAC 173–400–116 and 173–400–117 example, section 167 provides that the
With respect to the EPA’s approval of a. Sources Under the Energy Facilities EPA shall issue administrative orders,
WAC 173–400–116 and WAC 173–400– Site Evaluation Council (EFSEC) initiate civil actions, or take whatever
117, the SIP-approved provisions of Jurisdiction other action may be necessary to
WAC 173–400–020 govern jurisdictional By State statute, Ecology does not prevent the construction or modification
applicability for those sections. WAC have authority to issue permits to of a major stationary source that does
173–400–020 states, ‘‘[t]he provisions of sources under the jurisdiction of EFSEC. not ‘‘conform to the requirements of’’
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this chapter shall apply statewide, See Chapter 80.50 of the Revised Code the PSD program. Similarly, section
except for specific subsections where a of Washington (RCW). Therefore, the 113(a)(5) of the CAA provides for
local authority has adopted and EPA’s approval of WAC 173–400–116 administrative orders and civil actions
implemented corresponding local rules and 173–400–117 excludes projects whenever the EPA finds that a state ‘‘is
that apply only to sources subject to under the jurisdiction of EFSEC. Such not acting in compliance with’’ any
local jurisdiction as provided under sources will continue to be subject to requirement or prohibition of the CAA
RCW 70.94.141 and 70.94.331.’’ Because the visibility FIP codified at 40 CFR regarding the construction of new
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![23728 Federal Register / Vol. 80, No. 82 / Wednesday, April 29, 2015 / Rules and Regulations
400–720, 173–400–730, 173–400–740, The revisions and additions read as § 52.2470 Identification of plan.
and 173–400–750; and follows: * * * * *
■ f. Removing the footnote at end of
Table 2. (c) * * *
TABLE 2—ADDITIONAL REGULATIONS APPROVED FOR WASHINGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT
JURISDICTION
[Applicable in Adams, Asotin, Chelan, Columbia, Douglas, Ferry, Franklin, Garfield, Grant, Kittitas, Klickitat, Lincoln, Okanogan, Pend Oreille,
San Juan, Stevens, Walla Walla, and Whitman counties, excluding facilities subject to Energy Facilities Site Evaluation Council (EFSEC) ju-
risdiction, Indian reservations (excluding non-trust land within the exterior boundaries of the Puyallup Indian Reservation), and any other
area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. These regulations also apply statewide for facilities
subject to the applicability sections of WAC 173–400–700, WAC 173–405–012, WAC 173–410–012, and WAC 173–415–012]
State effec-
State citation Title/subject EPA approval date Explanations
tive date
Washington Administrative Code, Chapter 173–400—General Regulations for Air Pollution Sources
* * * * * * *
173–400–036 .. Relocation of Port- 12/29/12 04/29/15 [Insert
able Sources. Federal Register
citation].
* * * * * * *
173–400–110 .. New Source Review 12/29/12 04/29/15 [Insert Except:
(NSR) for Sources Federal Register 173–400–110(1)(c)(ii)(C);
and Portable citation]. 173–400–110(1)(e); 173–400–110(2)(d);
Sources. 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; and
The last row of the table in 173–400–110(5)(b) regarding exemp-
tion levels for Toxic Air Pollutants.
173–400–111 .. Processing Notice of 12/29/12 04/29/15 [Insert Except:
Construction Appli- Federal Register 173–400–111(3)(h);
cations for citation]. 173–400–111(3)(i);
Sources, Sta- The part of 173–400–111(8)(a)(v) that says,
tionary Sources • ‘‘and 173–460–040,’’; and
and Portable 173–400–111(9).
Sources.
173–400–112 .. Requirements for 12/29/12 04/29/15 [Insert Except:
New Sources in Federal Register 173–400–112(8).
Nonattainment citation].
Areas—Review for
Compliance with
Regulations.
173–400–113 .. New Sources in At- 12/29/12 04/29/15 [Insert Except:
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tainment or Federal Register 173–400–113(3), second sentence.
Unclassifiable citation].
Areas—Review for
Compliance with
Regulations.
173–400–116 .. Increment Protection 9/10/11 04/29/15 [Insert
Federal Register
citation].
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![Federal Register / Vol. 80, No. 82 / Wednesday, April 29, 2015 / Rules and Regulations 23729
TABLE 2—ADDITIONAL REGULATIONS APPROVED FOR WASHINGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT
JURISDICTION—Continued
[Applicable in Adams, Asotin, Chelan, Columbia, Douglas, Ferry, Franklin, Garfield, Grant, Kittitas, Klickitat, Lincoln, Okanogan, Pend Oreille,
San Juan, Stevens, Walla Walla, and Whitman counties, excluding facilities subject to Energy Facilities Site Evaluation Council (EFSEC) ju-
risdiction, Indian reservations (excluding non-trust land within the exterior boundaries of the Puyallup Indian Reservation), and any other
area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. These regulations also apply statewide for facilities
subject to the applicability sections of WAC 173–400–700, WAC 173–405–012, WAC 173–410–012, and WAC 173–415–012]
State effec-
State citation Title/subject EPA approval date Explanations
tive date
173–400–117 .. Special Protection 12/29/12 04/29/15 [Insert
Requirements for Federal Register
Federal Class I citation].
Areas.
* * * * * * *
173–400–171 .. Public Notice and 12/29/12 04/29/15 [Insert Except:
Opportunity for Federal Register The part of 173–400–171(3)(b) that says,
Public Comment. citation]. • ‘‘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’’; and
173–400–171(12).
* * * * * * *
173–400–560 .. General Order of Ap- 12/29/12 04/29/15 [Insert Except:
proval. Federal Register The part of 173–400–560(1)(f) that says,
citation]. ‘‘173–460 WAC’’.
173–400–700 .. Review of Major Sta- 4/1/11 04/29/15 [Insert
tionary Sources of Federal Register
Air Pollution. citation].
173–400–710 .. Definitions ................ 12/29/12 04/29/15 [Insert
Federal Register
citation].
173–400–720 .. Prevention of Signifi- 12/29/12 04/29/15 [Insert Except:
cant Deterioration Federal Register 173–400–720(4)(a)(i–iv); 173–400–720(4)(b)(iii)(C); and 173–
(PSD). citation]. 400–720(4)(a)(vi) with respect to the incorporation by ref-
erence of the text in 40 CFR 52.21(b)(49)(v), 52.21(i)(5)(i), and
52.21(k)(2).
173–400–730 .. Prevention of Signifi- 12/29/12 04/29/15 [Insert
cant Deterioration Federal Register
Application Proc- citation].
essing Procedures.
173–400–740 .. PSD Permitting Pub- 12/29/12 04/29/15 [Insert
lic Involvement Federal Register
Requirements. citation].
173–400–750 .. Revisions to PSD 12/29/12 04/29/15 [Insert Except:
Permits. Federal Register 173–400–750(2) second sentence.
citation].
* * * * * * *
* * * * * combustion of biomass in the following from consideration in the Ecology PSD
■ 3. Section 52.2497 is amended by circumstances: permitting process because of the
revising paragraphs (a) and (b) to read (i) Where a new major stationary exclusion in RCW 70.235.020(3);
as follows: source or major modification would be (3) Indian reservations in Washington,
subject to Prevention of Significant except for non-trust land within the
§ 52.2497 Significant deterioration of air Deterioration (PSD) requirements for exterior boundaries of the Puyallup
quality. greenhouse gases (GHGs) under § 52.21, Indian Reservation (also known as the
(a) The requirements of sections 160 but would not be subject to PSD under 1873 Survey Area) as provided in the
through 165 of the Clean Air Act are not the state implementation plan (SIP) Puyallup Tribe of Indians Settlement
fully met because the plan does not because CO2 emissions from the Act of 1989, 25 U.S.C. 1773, and any
include approvable procedures for industrial combustion of biomass are other area where the EPA or an Indian
preventing the significant deterioration excluded from consideration as GHGs as tribe has demonstrated that a tribe has
of air quality from: a matter of state law under RCW jurisdiction; and
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(1) Facilities subject to the 70.235.020(3); or (4) Sources subject to PSD permits
jurisdiction of the Energy Facilities Site (ii) Where a new major stationary issued by the EPA prior to August 7,
Evaluation Council pursuant to Chapter source or major modification is subject 1977, but only with respect to the
80.50 Revised Code of Washington to PSD for GHGs under both the general administration of any such
(RCW); Washington SIP and the FIP, but CO2 permits still in effect (e.g.,
(2) Facilities with carbon dioxide emissions from the industrial modifications, amendments, or
(CO2) emissions from the industrial combustion of biomass are excluded revisions of any nature).
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![23730 Federal Register / Vol. 80, No. 82 / Wednesday, April 29, 2015 / Rules and Regulations
(b) Regulations for preventing ENVIRONMENTAL PROTECTION I. General Information
significant deterioration of air quality. AGENCY A. Does this action apply to me?
The provisions of § 52.21, except
paragraph (a)(1), are hereby 40 CFR Part 180 You may be potentially affected by
incorporated and made a part of the this action if you are an agricultural
applicable plan for Washington for the [EPA–HQ–OPP–2014–0418; FRL–9925–78] producer, food manufacturer, or
facilities, emission sources, geographic pesticide manufacturer. The following
Phenol, 2-(2H-benzotriazol-2-yl)-6- list of North American Industrial
areas, and permits listed in paragraph
dodecyl-4-methyl-; Exemption From Classification System (NAICS) codes is
(a) of this section. For situations the Requirement of a Tolerance
addressed in paragraph (a)(2)(i) of this not intended to be exhaustive, but rather
AGENCY: Environmental Protection provides a guide to help readers
section, the EPA will issue a Federal
Agency (EPA). determine whether this document
PSD permit under § 52.21 to the new
applies to them. Potentially affected
major stationary source or major ACTION: Final rule. entities may include:
modification addressing PSD • Crop production (NAICS code 111).
requirements applicable to GHGs for all SUMMARY: This regulation amends an
• Animal production (NAICS code
subject emission units at the source, exemption from the requirement of a
112).
tolerance for residues of phenol, 2-(2H-
regardless of whether CO2 emissions • Food manufacturing (NAICS code
resulted from the industrial combustion benzotriazol-2-yl)-6-dodecyl-4-methyl-
311).
of biomass or from other sources of (CAS Reg. No. 23328–53–2) to allow its • Pesticide manufacturing (NAICS
GHGs at the facility. For situations use on all growing crops as an inert code 32532).
addressed in paragraph (a)(2)(ii) of this ingredient (ultraviolet (UV) stabilizer) at
a maximum concentration of 10% in B. How can I get electronic access to
section, the EPA will issue a Federal
pesticide formulations, Loveland other related information?
PSD permit under § 52.21 addressing
Products Inc., submitted a petition to You may access a frequently updated
PSD requirements applicable to GHGs
EPA under the Federal Food, Drug and electronic version of 40 CFR part 180
for each subject emissions unit that is
Cosmetic Act (FFDCA). This regulation through the Government Printing
permitted to emit CO2 from the
eliminates the need to establish a Office’s e-CFR site at http://www.ecfr.
industrial combustion of biomass. maximum permissible level for residues gov/cgi-bin/text-idx?&c=ecfr&tpl=/
* * * * * of phenol, 2-(2H-benzotriazol-2-yl)-6- ecfrbrowse/Title40/40tab_02.tpl.
■ 4. Section 52.2498 is amended by dodecyl-4-methyl-.
C. How can I file an objection or hearing
revising paragraphs (a) and (b) to read DATES: This regulation is effective April
request?
as follows: 29, 2015. Objections and requests for
hearings must be received on or before Under Federal Food, Drug, and
§ 52.2498 Visibility protection. June 29, 2015, and must be filed in Cosmetic Act (FFDCA) section 408(g),
accordance with the instructions 21 U.S.C. 346a, any person may file an
(a) The requirements of section 169A
provided in 40 CFR part 178 (see also objection to any aspect of this regulation
of the Clean Air Act are not fully met
Unit I.C. of the SUPPLEMENTARY and may also request a hearing on those
because the plan does not include
INFORMATION). objections. You must file your objection
approvable procedures for visibility new or request a hearing on this regulation
source review for: ADDRESSES: The docket for this action,
in accordance with the instructions
(1) Facilities subject to the identified by docket identification (ID)
provided in 40 CFR part 178. To ensure
jurisdiction of the Energy Facilities Site number EPA–HQ–OPP–2014–0418, is
proper receipt by EPA, you must
Evaluation Council pursuant to Chapter available at http://www.regulations.gov
identify docket ID number EPA–HQ–
or at the Office of Pesticide Programs
80.50 Revised Code of Washington; OPP–2014–0418 in the subject line on
Regulatory Public Docket (OPP Docket)
(2) Sources subject to the jurisdiction the first page of your submission. All
in the Environmental Protection Agency
of local air authorities; objections and requests for a hearing
Docket Center (EPA/DC), West William
must be in writing, and must be
(3) Indian reservations in Washington Jefferson Clinton Bldg., Rm. 3334, 1301
received by the Hearing Clerk on or
except for non-trust land within the Constitution Ave. NW., Washington, DC
before June 29, 2015. Addresses for mail
exterior boundaries of the Puyallup 20460–0001. The Public Reading Room
and hand delivery of objections and
Indian Reservation (also known as the is open from 8:30 a.m. to 4:30 p.m.,
hearing requests are provided in 40 CFR
1873 Survey Area) as provided in the Monday through Friday, excluding legal
178.25(b).
Puyallup Tribe of Indians Settlement holidays. The telephone number for the In addition to filing an objection or
Act of 1989, 25 U.S.C. 1773, and any Public Reading Room is (202) 566–1744, hearing request with the Hearing Clerk
other area where the EPA or an Indian and the telephone number for the OPP as described in 40 CFR part 178, please
tribe has demonstrated that a tribe has Docket is (703) 305–5805. Please review submit a copy of the filing (excluding
jurisdiction. the visitor instructions and additional any Confidential Business Information
information about the docket available (CBI)) for inclusion in the public docket.
(b) Regulations for visibility new at http://www.epa.gov/dockets.
source review. The provisions of § 52.28 Information not marked confidential
FOR FURTHER INFORMATION CONTACT: pursuant to 40 CFR part 2 may be
are hereby incorporated and made a part
Susan Lewis, Director, Registration disclosed publicly by EPA without prior
of the applicable plan for Washington
mstockstill on DSK4VPTVN1PROD with RULES
Division (7505P), Office of Pesticide notice. Submit the non-CBI copy of your
for the facilities, emission sources, and
Programs, Environmental Protection objection or hearing request, identified
geographic areas listed in paragraph (a)
Agency, 1200 Pennsylvania Ave. NW., by docket ID number EPA–HQ–OPP–
of this section.
Washington, DC 20460–0001; main 2014–0418, by one of the following
* * * * * telephone number: (703) 305–7090; methods:
[FR Doc. 2015–09889 Filed 4–28–15; 8:45 am] email address: RDFRNotices@epa.gov. • Federal eRulemaking Portal: http://
BILLING CODE 6560–50–P SUPPLEMENTARY INFORMATION: www.regulations.gov. Follow the online
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Document Created: 2015-12-16 08:26:29
Document Modified: 2015-12-16 08:26:29
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective on May 29, 2015. | |
| Contact | Jeff Hunt at (206) 553-0256, | |
| FR Citation | 80 FR 23721 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds |
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