82 FR 24531 - Air Plan Approval; Washington: General Regulations for Air Pollution Sources, Energy Facility Site Evaluation Council
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 102 (May 30, 2017)
Federal Register Volume 82, Issue 102 (May 30, 2017)
| Page Range | 24531-24537 | |
| FR Document | 2017-10908 |
[Federal Register Volume 82, Number 102 (Tuesday, May 30, 2017)] [Rules and Regulations] [Pages 24531-24537] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-10908] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R10-OAR-2016-0785; FRL-9963-12-Region 10] Air Plan Approval; Washington: General Regulations for Air Pollution Sources, Energy Facility Site Evaluation Council AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving updates to the Energy Facility Site Evaluation Council (EFSEC) air quality regulations in the Washington State Implementation Plan (SIP). The EFSEC regulations primarily adopt by reference the Washington Department of Ecology (Ecology) general air quality regulations, which the EPA approved in the fall of 2014 and spring of 2015. Consistent with our approval of the Ecology general air quality regulations, we are also approving revisions to EFSEC's air quality regulations to implement the preconstruction permitting regulations for large industrial (major source) energy facilities in attainment and unclassifiable areas, called the Prevention of Significant Deterioration (PSD) program. The PSD program for major energy facilities under EFSEC's jurisdiction has historically been operated under a Federal Implementation Plan (FIP), in cooperation with the EPA and Ecology. This final approval of the EFSEC PSD program transfers the authority for issuing PSD permits from EPA to EFSEC for all of the categories of energy facilities for which EFSEC has jurisdiction. This narrows the current FIP to cover only those energy facilities for which EFSEC does not have jurisdiction or authority. The EPA is also approving EFSEC's visibility protection permitting program which overlaps significantly with the PSD program in most cases. DATES: This final rule is effective June 29, 2017. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA-R10-OAR-2016-0785. All documents in the docket are listed on the http://www.regulations.gov Web site. Although listed in the index, some information may not be publicly available, i.e., 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 is publicly available only in hard copy form. Publicly available docket materials are available at http://www.regulations.gov or at EPA Region 10, Office of Air and Waste, 1200 Sixth Avenue, Seattle, Washington 98101. The EPA requests that you contact the person listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional Office's official hours of business are Monday through Friday, 8:30 to 4:30, excluding Federal holidays. FOR FURTHER INFORMATION CONTACT: Jeff Hunt, Air Planning Unit, Office of Air and Waste (OAW-150), Environmental Protection Agency, Region 10, 1200 Sixth Ave. Suite 900, Seattle, WA 98101; telephone number: (206) 553-0256; email address: [email protected]. SUPPLEMENTARY INFORMATION: 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 March 22, 2017, the EPA proposed to approve revisions to EFSEC's general air quality regulations in the SIP (82 FR 14648). An explanation of the Clean Air Act (CAA) requirements, a detailed analysis of the revisions, and the EPA's reasons for proposing approval were provided in the notice of proposed rulemaking, and will not be restated here. The public comment period for this proposed rule ended on April 21, 2017. The EPA received one comment on the proposal. II. Response to Comments Comment: ``We need to protect clean air. The regulations that decrease air pollution should be fully funded and enforced.'' Response: The SIP revision package submitted jointly by Ecology and EFSEC discussed the personnel, funding, and authority provided by both agencies in operating the air quality program for sources under EFSEC's jurisdiction. As discussed in our proposal, the EPA has worked cooperatively with Ecology and EFSEC for over twenty years in issuing PSD and visibility permits, as well as meeting other air quality requirements. Therefore, consistent with our proposal, we have determined that EFSEC has adequate personnel, funding, and authority to implement the PSD and visibility protection programs and that the revised EFSEC regulations meet the criteria for approval under CAA section 110. III. Final Action A. Regulations Approved and Incorporated by Reference Into the SIP The EPA is approving, and incorporating by reference, the submitted revisions to Chapter 463-78 Washington Administrative Code (WAC) set forth below as amendments to 40 CFR part 52. B. Approved But Not Incorporated by Reference Regulations In addition to the regulations approved and incorporated by reference, the EPA reviews and approves state submissions to ensure they provide adequate enforcement authority and other general authority to implement and enforce the SIP. However, regulations describing state enforcement and other general authorities are generally not incorporated by reference, so as to avoid potential conflict with the EPA's independent authorities. The EPA has reviewed and is approving WAC 463-78-135 Criminal Penalties, WAC 463-78-140 Appeals Procedure (except subsections 3 and 4 which deal with permits outside the scope of CAA section 110), WAC 463-78-170 Conflict of Interest, and WAC 463- 78-230 Regulatory Actions, as providing EFSEC with adequate enforcement and other general authority for purposes of implementing and enforcing its SIP, but is not incorporating these sections by reference into the SIP codified in 40 CFR 52.2470(c). Instead, the EPA is 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. C. Regulations To Remove From the SIP As discussed in our July 10, 2014 proposed approval of revisions to Chapter 173-400 WAC, Ecology formerly relied on the registration program under WAC 173-400-100 for determining the applicability of the new source review (NSR) permitting program (see 79 FR 39351 at page 39354). By statutory directive, this means of determining NSR applicability was replaced by revisions to WAC 173-400-110 which set inconsequential unit, activity, and emissions thresholds. In our October 3, 2014 final action, we [[Page 24532]] approved WAC 173-400-110 as the means of determining NSR applicability, and at Ecology's request, removed WAC 173-400-100 from the SIP (79 FR 59653). Consistent with our proposed and final approval of revisions to Chapter 173-400 WAC, we are now removing, at EFSEC's request, WAC 463- 39-100 Registration (recodified to WAC 463-78-100) from the SIP because it is no longer used as the means of determining NSR applicability. As discussed in the proposal for this action, EFSEC adopted by reference most of the provisions in Chapter 173-400 WAC, but excluded certain provisions pertaining to authorities or source categories outside EFSEC's jurisdiction. WAC 173-400-151 Retrofit Requirements for Visibility Protection is one such provision. The EPA's May 23, 1996 approval of EFSEC's regulations included the incorporation by reference of WAC 173-400-151 (61 FR 25791). These regulations establish Best Available Retrofit Technology (BART) as part of the visibility protection program for an ``existing stationary facility.'' Under WAC 173-400-151 an ``existing stationary facility'' is defined, among other factors, as a facility not in operation prior to August 7, 1962, and also in existence on August 7, 1977. EFSEC advised the EPA that there are no sources under EFSEC's jurisdiction that meet the definition of BART-eligible sources. The EPA is therefore granting EFSEC's request to remove the incorporation by reference of WAC 173-400-151 from the SIP. D. Transfer of Existing EPA-Issued PSD Permits As part of the SIP revision package, EFSEC requested approval to exercise its authority to fully administer the PSD program with respect to those sources under EFSEC's permitting jurisdiction that have existing PSD permits issued by the EPA. This includes authority to conduct general administration of these existing permits, authority to process and issue any and all subsequent PSD permit actions relating to such permits (e.g., modifications, amendments, or revisions of any nature), and authority to enforce such permits. Since 1993, EFSEC has had partial delegation of the PSD permitting program under the FIP and the EPA permits subject to transfer were also issued under state authority. EFSEC, in coordination with Ecology, has demonstrated adequate authority to enforce and modify these permits. Concurrent with our final approval of EFSEC's PSD program into the Washington SIP, we are transferring the EPA-issued permits to EFSEC for the Chehalis Generation Facility and Grays Harbor Energy Center facilities. E. Scope of Final Action The EFSEC PSD and visibility permitting programs primarily incorporate Chapter 173-400 by reference and the December 20, 2016 SIP revision package requested that the EPA approve the updated EFSEC regulations consistent with our prior approval of the Ecology regulations. As discussed in our April 29, 2015 approval of Ecology's regulations under Chapter 173-400 WAC, Washington State does not regulate certain carbon dioxide emissions from industrial combustion of biomass under its PSD program. See 80 FR 23721, at page 23722. We are therefore revising the PSD FIP at 40 CFR 52.2497 and the visibility protection FIP at 40 CFR 52.2498 to reflect the approval of EFSEC's PSD and visibility permitting programs, consistent with our prior approval of Chapter 173-400 WAC. Also as discussed in our prior approval of Ecology's updated Chapter 173-400 WAC regulations, the EPA is excluding from the scope of this approval of EFSEC's PSD and visibility permitting programs all Indian reservations in the State, except for nontrust land within the exterior boundaries of the Puyallup Indian Reservation (also known as the 1873 Survey Area), and any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. See 80 FR 23721, at page 23726. Under the Puyallup Tribe of Indians Settlement Act of 1989, 25 U.S.C. 1773, Congress explicitly provided state and local air agencies in Washington authority over activities on non-trust lands within the 1873 Survey Area and the EPA is therefore approving EFESEC's PSD and visibility permitting programs into the SIP with respect to such lands. 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 as described in the amendments to 40 CFR part 52 set forth below. 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 by the Director of the Federal Register in the next update to the SIP compilation.\1\ The EPA has made, and will continue to make, these materials generally available through http://www.regulations.gov and/or at the EPA Region 10 Office (please contact the person identified in the ``For Further Information Contact'' section of this preamble for more information). --------------------------------------------------------------------------- \1\ 62 FR 27968 (May 22, 1997). --------------------------------------------------------------------------- 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 CAA and applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, the EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:is not a ``significant regulatory action'' subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because this action does not involve technical standards; and does not provide the EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using [[Page 24533]] practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because it will not impose substantial direct costs on tribal governments or preempt tribal law. The SIP is not approved to apply in Indian country located in the state, except for non-trust land within the exterior boundaries of the Puyallup Indian Reservation (also known as the 1873 Survey Area), or any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. Consistent with EPA policy, the EPA provided a consultation opportunity to the Puyallup Tribe in a letter dated July 1, 2016. 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 July 31, 2017. 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: May 17, 2017. Michelle L. Pirzadeh, Acting Regional Administrator, Region 10. For the reasons set forth in the preamble, 40 CFR part 52 is amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart WW--Washington 0 2. Amend Sec. 52.2470 by revising Table 3 of paragraph (c) and Table 1 of paragraph (e), to read as follows: Sec. 52.2470 Identification of plan. * * * * * (c) * * * Table 3--Additional Regulations Approved For The Energy Facilities Site Evaluation Council (EFSEC) Jurisdiction [See the SIP-approved provisions of WAC 463-78-020 for jurisdictional applicability] ---------------------------------------------------------------------------------------------------------------- State State citation Title/subject effective date EPA approval date Explanations ---------------------------------------------------------------------------------------------------------------- Washington Administrative Code, Chapter 463-78--General and Operating Permit Regulations for Air Pollution Sources ---------------------------------------------------------------------------------------------------------------- 78-005........................... Adoption by 8/27/15 5/30/17, [Insert Except: (2), (3), Reference. Federal Register (4), and (5). See citation]. below for revised Chapter 173-400 WAC provisions incorporated by reference. 78-010........................... Purpose............ 8/27/15 5/30/17, [Insert Federal Register citation]. 78-020........................... Applicability...... 11/11/04 5/30/17, [Insert Federal Register citation]. 78-030........................... Additional 8/27/15 5/30/17, [Insert Except references Definitions. Federal Register to 173-401-200 and citation]. 173-406-101. 78-095........................... Permit Issuance.... 8/27/15 5/30/17, [Insert Federal Register citation]. 78-120........................... Monitoring and 11/11/04 5/30/17, [Insert Special Report. Federal Register citation]. ---------------------------------------------------------------------------------------------------------------- Washington Administrative Code, Chapter 173-400 Regulations Incorporated by Reference in WAC 463-78-005 ---------------------------------------------------------------------------------------------------------------- 173-400-030...................... Definitions........ 12/29/12 5/30/17, [Insert Except: 173-400- Federal Register 030(91). citation]. 173-400-036...................... Relocation of 12/29/12 5/30/17, [Insert Portable Sources. Federal Register citation].. 173-400-040...................... General Standards 4/1/11 5/30/17, [Insert Except: 173-400- for Maximum Federal Register 040(2)(c); 173-400- Emissions. citation]. 040(2)(d); 173-400- 040(3); 173-400- 040(5); 173-400- 040(7), second paragraph. [[Page 24534]] 173-400-050...................... Emission Standards 12/29/12 5/30/17, [Insert Except: 173-400- for Combustion and Federal Register 050(2); 173-400- Incineration Units. citation]. 050(4); 173-400- 050(5). 173-400-060...................... Emission Standards 2/10/05 for General Process Units. 173-400-070...................... Emission Standards 12/29/12 5/30/17, [Insert Except: 173-400- for Certain Source Federal Register 070(1); 173-400- Categories. citation]. 070(2); 173-400- 070(3); 173-400- 070(4); 173-400- 070(6); 173-400- 070(7); 173-400- 070(8). 173-400-081...................... Startup and 4/1/11 5/30/17, [Insert Shutdown. Federal Register citation]. 173-400-091...................... Voluntary Limits on 4/1/11 5/30/17, [Insert Emissions. Federal Register citation]. 173-400-105...................... Records, 12/29/12 5/30/17, [Insert Monitoring, and Federal Register Reporting. citation]. 173-400-107...................... Excess Emissions... 9/20/93 6/2/95, 60 FR 28726. 173-400-110...................... New Source Review 12/29/12 5/30/17, [Insert Except: (NSR) for Sources Federal Register 173-400-110(1)(c)(i and Portable citation]. i)(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)(f)(i) that says, ``that are not toxic air pollutants listed in chapter 173-460 WAC'';. .............. The part of 400-110 (4)(h)(xviii) that says, ``, to the extent that toxic air pollutant gases as defined in chapter 173-460 WAC are not emitted''; The part of 400-110 (4)(h)(xxxiii) that says, ``where no toxic air pollutants as listed under chapter 173-460 WAC are emitted'';. .............. The part of 400- 110(4)(h)(xxxiv) that says, ``, or <= 1% (by weight) toxic air pollutants as listed in chapter 173-460 WAC'';. .............. The part of 400- 110(4)(h)(xxxv) that says, ``or <= 1% (by weight) toxic air pollutants''; The part of 400- 110(4)(h)(xxxvi) that says, ``or <= 1% (by weight) toxic air pollutants as listed in chapter 173-460 WAC'';. .............. 400-110(4)(h)(xl) , second sentence; The last row of the table in 173- 400-110(5)(b) regarding exemption levels for Toxic Air Pollutants. [[Page 24535]] 173-400-111...................... Processing Notice 12/29/12 5/30/17, [Insert Except: 173-400- of Construction Federal Register 111(3)(h); 173-400- Applications for citation]. 111(5)(a) (last Sources, six words); 173- Stationary Sources 400-111(6); The and Portable part of 173-400- Sources. 111(8)(a)(v) that says, ``and 173- 460-040,''; 173- 400-111(9). 173-400-112...................... Requirements for 12/29/12 5/30/17, [Insert New Sources in Federal Register Nonattainment citation]. Areas--Review for Compliance with Regulations. 173-400-113...................... New Sources in 12/29/12 5/30/17, [Insert Except: 173-400- Attainment or Federal Register 113(3), second Unclassifiable citation]. sentence. Areas--Review for Compliance with Regulations. 173-400-116...................... Increment 9/10/11 5/30/17, [Insert Protection. Federal Register citation]. 173-400-117...................... Special Protection 12/29/12 5/30/17, [Insert Requirements for Federal Register Federal Class I citation]. Areas. 173-400-131...................... Issuance of 4/1/11 5/30/17, [Insert Emission Reduction Federal Register Credits. citation]. 173-400-136...................... Use of Emission 4/1/11 5/30/17, [Insert Reduction Credits Federal Register (ERC). citation]. 173-400-161...................... Compliance 3/22/91 6/2/95, 60 FR 28726 Schedules. 173-400-171...................... Public Notice and 12/29/12 5/30/17, [Insert Except: The part of Opportunity for Federal Register 173-400-171(3)(b) Public Comment. citation]. that says, ``or any increase in emissions of a toxic air pollutant above the acceptable source impact level for that toxic air pollutant as regulated under chapter 173-460 WAC''; 173-400- 171(12). 173-400-175...................... Public Information. 2/10/05 5/30/17, [Insert Federal Register citation]. 173-400-190...................... Requirements for 3/22/91 6/2/95, 60 FR 28726 Nonattainment Areas. 173-400-200...................... Creditable Stack 2/10/05 5/30/17, [Insert Height and Federal Register Dispersion citation]. Techniques. 173-400-205...................... Adjustment for 3/22/91 6/2/95, 60 FR 28726 Atmospheric Conditions. 173-400-700...................... Review of Major 4/1/11 5/30/17, [Insert Stationary Sources Federal Register of Air Pollution. citation]. 173-400-710...................... Definitions........ 12/29/12 5/30/17, [Insert Federal Register citation]. 173-400-720...................... Prevention of 12/29/12 5/30/17, [Insert Except: 173-400- Significant Federal Register 720(4)(a)(i Deterioration citation]. through iv); 173- (PSD). 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). * For the purpose of EFSEC's incorporation by reference of 40 CFR 52.21, the date in WAC 173- 400-720 (4)(a)(vi) is May 1, 2015. 173-400-730...................... Prevention of 12/29/12 5/30/17, [Insert Except 173-400- Significant Federal Register 730(4). Deterioration citation]. Application Processing Procedures. 173-400-740...................... PSD Permitting 12/29/12 5/30/17, [Insert Public Involvement Federal Register Requirements. citation]. 173-400-750...................... Revisions to PSD 12/29/12 5/30/17, [Insert Except: 173-400- Permits. Federal Register 750(2) second citation]. sentence. 173-400-800...................... Major Stationary 4/1/11 5/30/17, [Insert Source and Major Federal Register Modification in a citation]. Nonattainment Area. [[Page 24536]] 173-400-810...................... Major Stationary 12/29/12 5/30/17, [Insert Source and Major Federal Register Modification citation]. Definitions. 173-400-820...................... Determining if a 12/29/12 5/30/17, [Insert New Stationary Federal Register Source or citation]. Modification to a Stationary Source is Subject to these Requirements. 173-400-830...................... Permitting 12/29/12 5/30/17, [Insert Requirements. Federal Register citation]. 173-400-840...................... Emission Offset 12/29/12 5/30/17, [Insert Requirements. Federal Register citation]. 173-400-850...................... Actual Emissions 12/29/12 5/30/17, [Insert Plantwide Federal Register Applicability citation]. Limitation (PAL). 173-400-860...................... Public Involvement 4/1/11 5/30/17, [Insert Procedures. Federal Register citation]. ---------------------------------------------------------------------------------------------------------------- * * * * * (e) * * * Table 1--Approved But Not Incorporated By Reference Regulations ---------------------------------------------------------------------------------------------------------------- State/local State/local citation Title/subject effective date EPA approval date Explanations ---------------------------------------------------------------------------------------------------------------- Washington Department of Ecology Regulations ---------------------------------------------------------------------------------------------------------------- 173-400-220...................... Requirements for 3/22/91 6/2/95, 60 FR 28726 Board Members. 173-400-230...................... Regulatory Actions. 3/20/93 6/2/95, 60 FR 28726 173-400-240...................... Criminal Penalties. 3/22/91 6/2/95, 60 FR 28726 173-400-250...................... Appeals............ 9/20/93 6/2/95, 60 FR 28726 173-400-260...................... Conflict of 07/01/16 10/6/16, 81 FR Interest. 69385. 173-433-200...................... Regulatory Actions 10/18/90 1/15/93, 58 FR 4578 and Penalties. ---------------------------------------------------------------------------------------------------------------- Energy Facility Site Evaluation Council Regulations ---------------------------------------------------------------------------------------------------------------- 463-78-135....................... Criminal Penalties. 11/11/04 5/30/17, [Insert Federal Register citation]. 463-78-140....................... Appeals Procedure.. 3/26/06 5/30/17, [Insert Except (3) and (4). Federal Register citation]. 463-78-170....................... Conflict of 11/11/04 5/30/17, [Insert Interest. Federal Register citation]. 463-78-230....................... Regulatory Actions. 11/11/04 5/30/17, [Insert Federal Register citation]. ---------------------------------------------------------------------------------------------------------------- Benton Clean Air Agency Regulations ---------------------------------------------------------------------------------------------------------------- 2.01............................. Powers and Duties 12/11/14 11/17/15, 80 FR of the Benton 71695. Clean Air Agency (BCAA). 2.02............................. Requirements for 12/11/14 11/17/15, 80 FR Board of Directors 71695. Members. 2.03............................. Powers and Duties 12/11/14 11/17/15, 80 FR of the Board of 71695. Directors. 2.04............................. Powers and Duties 12/11/14 11/17/15, 80 FR of the Control 71695. Officer. 2.05............................. Severability....... 12/11/14 11/17/15, 80 FR 71695. 2.06............................. Confidentiality of 12/11/14 11/17/15, 80 FR Records and 71695. Information. ---------------------------------------------------------------------------------------------------------------- Olympic Region Clean Air Agency Regulations ---------------------------------------------------------------------------------------------------------------- 8.1.6............................ Penalties.......... 5/22/10 10/3/13, 78 FR 61188. ---------------------------------------------------------------------------------------------------------------- [[Page 24537]] Southwest Clean Air Agency Regulations ---------------------------------------------------------------------------------------------------------------- 400-220.......................... Requirements for 3/18/01 04/10/17, 82 FR Board Members. 17136. 400-230.......................... Regulatory Actions 10/9/16 04/10/17, 82 FR and Civil 17136. Penalties. 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 3/18/01 04/10/17, 82 FR Interest. 17136. 400-270.......................... Confidentiality of 11/9/03 04/10/17, 82 FR Records and 17136. Information. 400-280.......................... Powers of Agency... 3/18/01 04/10/17, 82 FR 17136. ---------------------------------------------------------------------------------------------------------------- Spokane Regional Clean Air Agency Regulations ---------------------------------------------------------------------------------------------------------------- 8.11............................. Regulatory Actions 09/02/14 09/28/15, 80 FR and Penalties. 58216. ---------------------------------------------------------------------------------------------------------------- * * * * * 0 3. Amend Sec. 52.2497 by revising paragraph (a) 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 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 40 CFR 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); (2) 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. (3) 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). * * * * * 0 4. Amend Sec. 52.2498 by revising paragraph (a) 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) Sources subject to the jurisdiction of local air authorities (except Benton Clean Air Agency and Southwest Clean Air Agency); (2) 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. * * * * * [FR Doc. 2017-10908 Filed 5-26-17; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 82, No. 102 / Tuesday, May 30, 2017 / Rules and Regulations 24531
to: http://www.archives.gov/federal- site. Although listed in the index, some we have determined that EFSEC has
register/cfr/ibr-locations.html. information may not be publicly adequate personnel, funding, and
* * * * * available, i.e., Confidential Business authority to implement the PSD and
[FR Doc. 2017–10911 Filed 5–26–17; 8:45 am] Information or other information the visibility protection programs and that
BILLING CODE 6560–50–P disclosure of which is restricted by the revised EFSEC regulations meet the
statute. Certain other material, such as criteria for approval under CAA section
copyrighted material, is not placed on 110.
ENVIRONMENTAL PROTECTION the Internet and is publicly available
III. Final Action
AGENCY only in hard copy form. Publicly
available docket materials are available A. Regulations Approved and
40 CFR Part 52 at http://www.regulations.gov or at EPA Incorporated by Reference Into the SIP
[EPA–R10–OAR–2016–0785; FRL–9963–12– Region 10, Office of Air and Waste, 1200 The EPA is approving, and
Region 10] Sixth Avenue, Seattle, Washington incorporating by reference, the
98101. The EPA requests that you submitted revisions to Chapter 463–78
Air Plan Approval; Washington: contact the person listed in the FOR
General Regulations for Air Pollution Washington Administrative Code
FURTHER INFORMATION CONTACT section to
Sources, Energy Facility Site (WAC) set forth below as amendments
schedule your inspection. The Regional to 40 CFR part 52.
Evaluation Council Office’s official hours of business are
AGENCY: Environmental Protection Monday through Friday, 8:30 to 4:30, B. Approved But Not Incorporated by
Agency (EPA). excluding Federal holidays. Reference Regulations
ACTION: Final rule. FOR FURTHER INFORMATION CONTACT: Jeff In addition to the regulations
Hunt, Air Planning Unit, Office of Air approved and incorporated by reference,
SUMMARY: The Environmental Protection and Waste (OAW–150), Environmental the EPA reviews and approves state
Agency (EPA) is approving updates to Protection Agency, Region 10, 1200 submissions to ensure they provide
the Energy Facility Site Evaluation Sixth Ave. Suite 900, Seattle, WA adequate enforcement authority and
Council (EFSEC) air quality regulations 98101; telephone number: (206) 553– other general authority to implement
in the Washington State Implementation 0256; email address: hunt.jeff@epa.gov. and enforce the SIP. However,
Plan (SIP). The EFSEC regulations SUPPLEMENTARY INFORMATION: regulations describing state enforcement
primarily adopt by reference the and other general authorities are
Washington Department of Ecology Table of Contents
generally not incorporated by reference,
(Ecology) general air quality regulations, so as to avoid potential conflict with the
which the EPA approved in the fall of I. Background Information
II. Response to Comments EPA’s independent authorities. The EPA
2014 and spring of 2015. Consistent III. Final Action has reviewed and is approving WAC
with our approval of the Ecology general IV. Incorporation by Reference 463–78–135 Criminal Penalties, WAC
air quality regulations, we are also V. Statutory and Executive Orders Review 463–78–140 Appeals Procedure (except
approving revisions to EFSEC’s air subsections 3 and 4 which deal with
quality regulations to implement the I. Background Information permits outside the scope of CAA
preconstruction permitting regulations section 110), WAC 463–78–170 Conflict
On March 22, 2017, the EPA proposed
for large industrial (major source) of Interest, and WAC 463–78–230
to approve revisions to EFSEC’s general
energy facilities in attainment and Regulatory Actions, as providing EFSEC
air quality regulations in the SIP (82 FR
unclassifiable areas, called the with adequate enforcement and other
14648). An explanation of the Clean Air
Prevention of Significant Deterioration general authority for purposes of
Act (CAA) requirements, a detailed
(PSD) program. The PSD program for implementing and enforcing its SIP, but
analysis of the revisions, and the EPA’s
major energy facilities under EFSEC’s is not incorporating these sections by
reasons for proposing approval were
jurisdiction has historically been reference into the SIP codified in 40
provided in the notice of proposed
operated under a Federal CFR 52.2470(c). Instead, the EPA is
rulemaking, and will not be restated
Implementation Plan (FIP), in including these sections in 40 CFR
here. The public comment period for
cooperation with the EPA and Ecology. 52.2470(e), EPA Approved
this proposed rule ended on April 21,
This final approval of the EFSEC PSD Nonregulatory Provisions and Quasi-
2017. The EPA received one comment
program transfers the authority for Regulatory Measures, as approved but
on the proposal.
issuing PSD permits from EPA to EFSEC not incorporated by reference regulatory
for all of the categories of energy II. Response to Comments provisions.
facilities for which EFSEC has Comment: ‘‘We need to protect clean
jurisdiction. This narrows the current C. Regulations To Remove From the SIP
air. The regulations that decrease air
FIP to cover only those energy facilities pollution should be fully funded and As discussed in our July 10, 2014
for which EFSEC does not have enforced.’’ proposed approval of revisions to
jurisdiction or authority. The EPA is Response: The SIP revision package Chapter 173–400 WAC, Ecology
also approving EFSEC’s visibility submitted jointly by Ecology and EFSEC formerly relied on the registration
protection permitting program which discussed the personnel, funding, and program under WAC 173–400–100 for
overlaps significantly with the PSD authority provided by both agencies in determining the applicability of the new
program in most cases. operating the air quality program for source review (NSR) permitting program
sradovich on DSK3GMQ082PROD with RULES
DATES: This final rule is effective June sources under EFSEC’s jurisdiction. As (see 79 FR 39351 at page 39354). By
29, 2017. discussed in our proposal, the EPA has statutory directive, this means of
ADDRESSES: The EPA has established a worked cooperatively with Ecology and determining NSR applicability was
docket for this action under Docket ID EFSEC for over twenty years in issuing replaced by revisions to WAC 173–400–
No. EPA–R10–OAR–2016–0785. All PSD and visibility permits, as well as 110 which set inconsequential unit,
documents in the docket are listed on meeting other air quality requirements. activity, and emissions thresholds. In
the http://www.regulations.gov Web Therefore, consistent with our proposal, our October 3, 2014 final action, we
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![Federal Register / Vol. 82, No. 102 / Tuesday, May 30, 2017 / Rules and Regulations 24533
practicable and legally permissible of the United States. The EPA will Incorporation by reference,
methods, under Executive Order 12898 submit a report containing this action Intergovernmental relations, Lead,
(59 FR 7629, February 16, 1994). and other required information to the Nitrogen dioxide, Ozone, Particulate
In addition, this rule does not have U.S. Senate, the U.S. House of matter, Reporting and recordkeeping
tribal implications as specified by Representatives, and the Comptroller requirements, Sulfur oxides, Volatile
Executive Order 13175 (65 FR 67249, General of the United States prior to organic compounds.
November 9, 2000), because it will not publication of the rule in the Federal Dated: May 17, 2017.
impose substantial direct costs on tribal Register. A major rule cannot take effect
Michelle L. Pirzadeh,
governments or preempt tribal law. The until 60 days after it is published in the
Federal Register. This action is not a Acting Regional Administrator, Region 10.
SIP is not approved to apply in Indian
country located in the state, except for ‘‘major rule’’ as defined by 5 U.S.C. For the reasons set forth in the
non-trust land within the exterior 804(2). preamble, 40 CFR part 52 is amended as
Under section 307(b)(1) of the CAA, follows:
boundaries of the Puyallup Indian
petitions for judicial review of this
Reservation (also known as the 1873
action must be filed in the United States PART 52—APPROVAL AND
Survey Area), or any other area where
Court of Appeals for the appropriate PROMULGATION OF
the EPA or an Indian tribe has
circuit by July 31, 2017. Filing a petition IMPLEMENTATION PLANS
demonstrated that a tribe has
for reconsideration by the Administrator
jurisdiction. Consistent with EPA
of this final rule does not affect the ■ 1. The authority citation for part 52
policy, the EPA provided a consultation
finality of this action for the purposes of continues to read as follows:
opportunity to the Puyallup Tribe in a
judicial review nor does it extend the
letter dated July 1, 2016. The EPA did Authority: 42 U.S.C. 7401 et seq.
time within which a petition for judicial
not receive a request for consultation.
review may be filed, and shall not
The Congressional Review Act, 5 Subpart WW—Washington
postpone the effectiveness of such rule
U.S.C. 801 et seq., as added by the Small or action. This action may not be
Business Regulatory Enforcement challenged later in proceedings to ■ 2. Amend § 52.2470 by revising Table
Fairness Act of 1996, generally provides enforce its requirements. (See section 3 of paragraph (c) and Table 1 of
that before a rule may take effect, the 307(b)(2)). paragraph (e), to read as follows:
agency promulgating the rule must § 52.2470 Identification of plan.
submit a rule report, which includes a List of Subjects in 40 CFR Part 52
copy of the rule, to each House of the Environmental protection, Air * * * * *
Congress and to the Comptroller General pollution control, Carbon monoxide, (c) * * *
TABLE 3—ADDITIONAL REGULATIONS APPROVED FOR THE ENERGY FACILITIES SITE EVALUATION COUNCIL (EFSEC)
JURISDICTION
[See the SIP-approved provisions of WAC 463–78–020 for jurisdictional applicability]
State effective
State citation Title/subject EPA approval date Explanations
date
Washington Administrative Code, Chapter 463–78—General and Operating Permit Regulations for Air Pollution Sources
78–005 ................................... Adoption by Reference .......... 8/27/15 5/30/17, [Insert Federal Reg- Except: (2), (3), (4), and (5).
ister citation]. See below for revised
Chapter 173–400 WAC pro-
visions incorporated by ref-
erence.
78–010 ................................... Purpose .................................. 8/27/15 5/30/17, [Insert Federal Reg-
ister citation].
78–020 ................................... Applicability ............................ 11/11/04 5/30/17, [Insert Federal Reg-
ister citation].
78–030 ................................... Additional Definitions ............. 8/27/15 5/30/17, [Insert Federal Reg- Except references to 173–
ister citation]. 401–200 and 173–406–
101.
78–095 ................................... Permit Issuance ..................... 8/27/15 5/30/17, [Insert Federal Reg-
ister citation].
78–120 ................................... Monitoring and Special Re- 11/11/04 5/30/17, [Insert Federal Reg-
port. ister citation].
Washington Administrative Code, Chapter 173–400 Regulations Incorporated by Reference in WAC 463–78–005
173–400–030 ......................... Definitions .............................. 12/29/12 5/30/17, [Insert Federal Reg- Except: 173–400–030(91).
ister citation].
173–400–036 ......................... Relocation of Portable 12/29/12 5/30/17, [Insert Federal Reg-
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Sources. ister citation]..
173–400–040 ......................... General Standards for Max- 4/1/11 5/30/17, [Insert Federal Reg- Except: 173–400–040(2)(c);
imum Emissions. ister citation]. 173–400–040(2)(d); 173–
400–040(3); 173–400–
040(5); 173–400–040(7),
second paragraph.
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![24534 Federal Register / Vol. 82, No. 102 / Tuesday, May 30, 2017 / Rules and Regulations
TABLE 3—ADDITIONAL REGULATIONS APPROVED FOR THE ENERGY FACILITIES SITE EVALUATION COUNCIL (EFSEC)
JURISDICTION—Continued
[See the SIP-approved provisions of WAC 463–78–020 for jurisdictional applicability]
State effective
State citation Title/subject EPA approval date Explanations
date
173–400–050 ......................... Emission Standards for Com- 12/29/12 5/30/17, [Insert Federal Reg- Except: 173–400–050(2);
bustion and Incineration ister citation]. 173–400–050(4); 173–400–
Units. 050(5).
173–400–060 ......................... Emission Standards for Gen- 2/10/05
eral Process Units.
173–400–070 ......................... Emission Standards for Cer- 12/29/12 5/30/17, [Insert Federal Reg- Except: 173–400–070(1);
tain Source Categories. ister citation]. 173–400–070(2); 173–400–
070(3); 173–400–070(4);
173–400–070(6); 173–400–
070(7); 173–400–070(8).
173–400–081 ......................... Startup and Shutdown ........... 4/1/11 5/30/17, [Insert Federal Reg-
ister citation].
173–400–091 ......................... Voluntary Limits on Emissions 4/1/11 5/30/17, [Insert Federal Reg-
ister citation].
173–400–105 ......................... Records, Monitoring, and Re- 12/29/12 5/30/17, [Insert Federal Reg-
porting. ister citation].
173–400–107 ......................... Excess Emissions .................. 9/20/93 6/2/95, 60 FR 28726.
173–400–110 ......................... New Source Review (NSR) 12/29/12 5/30/17, [Insert Federal Reg- Except:
for Sources and Portable ister citation]. 173–400–110(1)(c)(ii)(C);
Sources. 173–400–110(1)(e); 173–
400–110(2)(d); The part of
WAC 173–400–
110(4)(b)(vi) that says, ‘‘not
for use with materials con-
taining 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)(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 pol-
lutant 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
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in chapter 173–460 WAC’’;.
400–110(4)(h)(xl) , second
sentence; The last row of
the table in 173–400–
110(5)(b) regarding exemp-
tion levels for Toxic Air Pol-
lutants.
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![Federal Register / Vol. 82, No. 102 / Tuesday, May 30, 2017 / Rules and Regulations 24535
TABLE 3—ADDITIONAL REGULATIONS APPROVED FOR THE ENERGY FACILITIES SITE EVALUATION COUNCIL (EFSEC)
JURISDICTION—Continued
[See the SIP-approved provisions of WAC 463–78–020 for jurisdictional applicability]
State effective
State citation Title/subject EPA approval date Explanations
date
173–400–111 ......................... Processing Notice of Con- 12/29/12 5/30/17, [Insert Federal Reg- Except: 173–400–111(3)(h);
struction Applications for ister citation]. 173–400–111(5)(a) (last six
Sources, Stationary words); 173–400–111(6);
Sources and Portable The part of 173–400–
Sources. 111(8)(a)(v) that says, ‘‘and
173–460–040,’’; 173–400–
111(9).
173–400–112 ......................... Requirements for New 12/29/12 5/30/17, [Insert Federal Reg-
Sources in Nonattainment ister citation].
Areas—Review for Compli-
ance with Regulations.
173–400–113 ......................... New Sources in Attainment or 12/29/12 5/30/17, [Insert Federal Reg- Except: 173–400–113(3), sec-
Unclassifiable Areas—Re- ister citation]. ond sentence.
view for Compliance with
Regulations.
173–400–116 ......................... Increment Protection .............. 9/10/11 5/30/17, [Insert Federal Reg-
ister citation].
173–400–117 ......................... Special Protection Require- 12/29/12 5/30/17, [Insert Federal Reg-
ments for Federal Class I ister citation].
Areas.
173–400–131 ......................... Issuance of Emission Reduc- 4/1/11 5/30/17, [Insert Federal Reg-
tion Credits. ister citation].
173–400–136 ......................... Use of Emission Reduction 4/1/11 5/30/17, [Insert Federal Reg-
Credits (ERC). ister citation].
173–400–161 ......................... Compliance Schedules .......... 3/22/91 6/2/95, 60 FR 28726
173–400–171 ......................... Public Notice and Opportunity 12/29/12 5/30/17, [Insert Federal Reg- Except: The part of 173–400–
for Public Comment. ister citation]. 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 pollut-
ant as regulated under
chapter 173–460 WAC’’;
173–400–171(12).
173–400–175 ......................... Public Information .................. 2/10/05 5/30/17, [Insert Federal Reg-
ister citation].
173–400–190 ......................... Requirements for Nonattain- 3/22/91 6/2/95, 60 FR 28726
ment Areas.
173–400–200 ......................... Creditable Stack Height and 2/10/05 5/30/17, [Insert Federal Reg-
Dispersion Techniques. ister citation].
173–400–205 ......................... Adjustment for Atmospheric 3/22/91 6/2/95, 60 FR 28726
Conditions.
173–400–700 ......................... Review of Major Stationary 4/1/11 5/30/17, [Insert Federal Reg-
Sources of Air Pollution. ister citation].
173–400–710 ......................... Definitions .............................. 12/29/12 5/30/17, [Insert Federal Reg-
ister citation].
173–400–720 ......................... Prevention of Significant De- 12/29/12 5/30/17, [Insert Federal Reg- Except: 173–400–720(4)(a)(i
terioration (PSD). ister citation]. through iv); 173–400–
720(4)(b)(iii)(C); and 173–
400–720(4)(a)(vi) with re-
spect to the incorporation
by reference of the text in
40 CFR 52.21(b)(49)(v).
* For the purpose of EFSEC’s
incorporation by reference
of 40 CFR 52.21, the date
in WAC 173–400–720
(4)(a)(vi) is May 1, 2015.
173–400–730 ......................... Prevention of Significant De- 12/29/12 5/30/17, [Insert Federal Reg- Except 173–400–730(4).
terioration Application Proc- ister citation].
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essing Procedures.
173–400–740 ......................... PSD Permitting Public In- 12/29/12 5/30/17, [Insert Federal Reg-
volvement Requirements. ister citation].
173–400–750 ......................... Revisions to PSD Permits ..... 12/29/12 5/30/17, [Insert Federal Reg- Except: 173–400–750(2) sec-
ister citation]. ond sentence.
173–400–800 ......................... Major Stationary Source and 4/1/11 5/30/17, [Insert Federal Reg-
Major Modification in a ister citation].
Nonattainment Area.
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![24536 Federal Register / Vol. 82, No. 102 / Tuesday, May 30, 2017 / Rules and Regulations
TABLE 3—ADDITIONAL REGULATIONS APPROVED FOR THE ENERGY FACILITIES SITE EVALUATION COUNCIL (EFSEC)
JURISDICTION—Continued
[See the SIP-approved provisions of WAC 463–78–020 for jurisdictional applicability]
State effective
State citation Title/subject EPA approval date Explanations
date
173–400–810 ......................... Major Stationary Source and 12/29/12 5/30/17, [Insert Federal Reg-
Major Modification Defini- ister citation].
tions.
173–400–820 ......................... Determining if a New Sta- 12/29/12 5/30/17, [Insert Federal Reg-
tionary Source or Modifica- ister citation].
tion to a Stationary Source
is Subject to these Require-
ments.
173–400–830 ......................... Permitting Requirements ....... 12/29/12 5/30/17, [Insert Federal Reg-
ister citation].
173–400–840 ......................... Emission Offset Require- 12/29/12 5/30/17, [Insert Federal Reg-
ments. ister citation].
173–400–850 ......................... Actual Emissions Plantwide 12/29/12 5/30/17, [Insert Federal Reg-
Applicability Limitation ister citation].
(PAL).
173–400–860 ......................... Public Involvement Proce- 4/1/11 5/30/17, [Insert Federal Reg-
dures. ister citation].
* * * * * (e) * * *
TABLE 1—APPROVED BUT NOT INCORPORATED BY REFERENCE REGULATIONS
State/local
State/local citation Title/subject EPA approval date Explanations
effective date
Washington Department of Ecology Regulations
173–400–220 ......................... Requirements for Board 3/22/91 6/2/95, 60 FR 28726 ..............
Members.
173–400–230 ......................... Regulatory Actions ................. 3/20/93 6/2/95, 60 FR 28726 ..............
173–400–240 ......................... Criminal Penalties .................. 3/22/91 6/2/95, 60 FR 28726 ..............
173–400–250 ......................... Appeals .................................. 9/20/93 6/2/95, 60 FR 28726 ..............
173–400–260 ......................... Conflict of Interest .................. 07/01/16 10/6/16, 81 FR 69385 ............
173–433–200 ......................... Regulatory Actions and Pen- 10/18/90 1/15/93, 58 FR 4578 ..............
alties.
Energy Facility Site Evaluation Council Regulations
463–78–135 ........................... Criminal Penalties .................. 11/11/04 5/30/17, [Insert FEDERAL REG-
ISTER citation].
463–78–140 ........................... Appeals Procedure ................ 3/26/06 5/30/17, [Insert FEDERAL REG- Except (3) and (4).
ISTER citation].
463–78–170 ........................... Conflict of Interest .................. 11/11/04 5/30/17, [Insert FEDERAL REG-
ISTER citation].
463–78–230 ........................... Regulatory Actions ................. 11/11/04 5/30/17, [Insert FEDERAL REG-
ISTER citation].
Benton Clean Air Agency Regulations
2.01 ........................................ Powers and Duties of the 12/11/14 11/17/15, 80 FR 71695 ..........
Benton Clean Air Agency
(BCAA).
2.02 ........................................ Requirements for Board of Di- 12/11/14 11/17/15, 80 FR 71695 ..........
rectors Members.
2.03 ........................................ Powers and Duties of the 12/11/14 11/17/15, 80 FR 71695 ..........
Board of Directors.
2.04 ........................................ Powers and Duties of the 12/11/14 11/17/15, 80 FR 71695 ..........
Control Officer.
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2.05 ........................................ Severability ............................ 12/11/14 11/17/15, 80 FR 71695 ..........
2.06 ........................................ Confidentiality of Records and 12/11/14 11/17/15, 80 FR 71695 ..........
Information.
Olympic Region Clean Air Agency Regulations
8.1.6 ....................................... Penalties ................................ 5/22/10 10/3/13, 78 FR 61188 ............
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![Federal Register / Vol. 82, No. 102 / Tuesday, May 30, 2017 / Rules and Regulations 24537
TABLE 1—APPROVED BUT NOT INCORPORATED BY REFERENCE REGULATIONS—Continued
State/local
State/local citation Title/subject EPA approval date Explanations
effective date
Southwest Clean Air Agency Regulations
400–220 ................................. Requirements for Board 3/18/01 04/10/17, 82 FR 17136 ..........
Members.
400–230 ................................. Regulatory Actions and Civil 10/9/16 04/10/17, 82 FR 17136 ..........
Penalties.
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 11/9/03 04/10/17, 82 FR 17136 ..........
Information.
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 Pen- 09/02/14 09/28/15, 80 FR 58216 ..........
alties.
* * * * * tribe has demonstrated that a tribe has ENVIRONMENTAL PROTECTION
■ 3. Amend § 52.2497 by revising jurisdiction. AGENCY
paragraph (a) to read as follows: (3) Sources subject to PSD permits
40 CFR Part 52
issued by the EPA prior to August 7,
§ 52.2497 Significant deterioration of air
quality. 1977, but only with respect to the
general administration of any such [VA203–5204; FRL–9957–86–Region 3]
(a) The requirements of sections 160 permits still in effect (e.g.,
through 165 of the Clean Air Act are not Air Plan Approval; Virginia; Update to
modifications, amendments, or Materials Incorporated by Reference
fully met because the plan does not revisions of any nature).
include approvable procedures for
preventing the significant deterioration * * * * * AGENCY: Environmental Protection
of air quality from: Agency (EPA).
■ 4. Amend § 52.2498 by revising
(1) Facilities with carbon dioxide paragraph (a) to read as follows: ACTION: Final rule; administrative
(CO2) emissions from the industrial change.
combustion of biomass in the following § 52.2498 Visibility protection.
circumstances: (a) The requirements of section 169A SUMMARY: The Environmental Protection
Agency (EPA) is updating the materials
(i) Where a new major stationary of the Clean Air Act are not fully met
that are incorporated by reference (IBR)
source or major modification would be because the plan does not include
into the Virginia state implementation
subject to Prevention of Significant approvable procedures for visibility new
plan (SIP). The regulations affected by
Deterioration (PSD) requirements for source review for: this update have been previously
greenhouse gases (GHGs) under 40 CFR (1) Sources subject to the jurisdiction submitted by the Virginia Department of
52.21 but would not be subject to PSD of local air authorities (except Benton Environmental Quality (VADEQ) and
under the state implementation plan Clean Air Agency and Southwest Clean approved by EPA. This update affects
(SIP) because CO2 emissions from the Air Agency); the SIP materials that are available for
industrial combustion of biomass are public inspection at the National
excluded from consideration as GHGs as (2) Indian reservations in Washington
except for non-trust land within the Archives and Records Administration
a matter of state law under RCW (NARA) and the EPA Regional Office.
70.235.020(3); or exterior boundaries of the Puyallup
(ii) Where a new major stationary Indian Reservation (also known as the DATES: This action is effective May 30,
source or major modification is subject 1873 Survey Area) as provided in the 2017, except that amendatory
to PSD for GHGs under both the Puyallup Tribe of Indians Settlement instruction 2.d amending 40 CFR
Washington SIP and the FIP, but CO2 Act of 1989, 25 U.S.C. 1773, and any 52.2420(e) is effective June 9, 2017.
emissions from the industrial other area where the EPA or an Indian ADDRESSES: SIP materials which are
combustion of biomass are excluded tribe has demonstrated that a tribe has incorporated by reference into 40 CFR
from consideration in the Ecology PSD jurisdiction. part 52 are available for inspection at
permitting process because of the * * * * * the following locations: Air Protection
exclusion in RCW 70.235.020(3); [FR Doc. 2017–10908 Filed 5–26–17; 8:45 am] Division, U.S. Environmental Protection
(2) Indian reservations in Washington, Agency, Region III, 1650 Arch Street,
sradovich on DSK3GMQ082PROD with RULES
BILLING CODE 6560–50–P
except for non-trust land within the Philadelphia, Pennsylvania 19103; or
exterior boundaries of the Puyallup NARA. For information on the
Indian Reservation (also known as the availability of this material at NARA,
1873 Survey Area) as provided in the call 202–741–6030, or go to: http://
Puyallup Tribe of Indians Settlement www.archives.gov/federal_register/
Act of 1989, 25 U.S.C. 1773, and any code_of_federal_regulations/ibr_
other area where the EPA or an Indian locations.html.
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Document Created: 2018-11-08 08:54:42
Document Modified: 2018-11-08 08:54:42
| 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 June 29, 2017. | |
| Contact | Jeff Hunt, Air Planning Unit, Office of Air and Waste (OAW-150), Environmental Protection Agency, Region 10, 1200 Sixth Ave. Suite 900, Seattle, WA 98101; telephone number: (206) | |
| FR Citation | 82 FR 24531 | |
| 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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