
[Federal Register Volume 79, Number 132 (Thursday, July 10, 2014)]
[Proposed Rules]
[Pages 39351-39360]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-16141]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2014-0141: FRL-9913-47-Region-10]


Approval and Promulgation of Implementation Plans; Washington: 
General Regulations for Air Pollution Sources

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve revisions to the Washington State Implementation Plan (SIP) 
submitted by the Department of Ecology (Ecology) on January 27, 2014. 
These revisions were submitted in accordance with the requirements of 
section 110 of the Clean Air Act (hereinafter the Act or CAA), which 
requires states to develop a plan for the implementation, maintenance, 
and enforcement of the National Ambient Air Quality Standards (NAAQS). 
The revisions update the general air quality regulations that apply to 
sources within Ecology's jurisdiction, including the minor new source 
review permitting program. Ecology's submittal also includes 
regulations covering the major source Prevention of Significant 
Deterioration (PSD) and the major Nonattainment New Source Review 
(NNSR) permitting program; however the EPA intends to address the major 
source permitting regulations in separate actions.

DATES: Comments must be received on or before August 11, 2014.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2014-0141, by any of the following methods:
    A. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    B. Mail: Jeff Hunt, EPA Region 10, Office of Air, Waste and Toxics 
(AWT-107), 1200 Sixth Avenue, Suite 900, Seattle, WA 98101.
    C. Email: R10-Public_Comments@epa.gov.
    D. Hand Delivery: EPA Region 10 Mailroom, 9th Floor, 1200 Sixth 
Avenue, Suite 900, Seattle, WA 98101. Attention: Jeff Hunt, Office of 
Air, Waste and Toxics, AWT-107. Such deliveries are only accepted 
during normal hours of operation, and special arrangements should be 
made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R10-OAR-
2014-0141. The EPA's policy is that all comments received will be 
included in the public docket without change and may be made available 
online at www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information the 
disclosure of which is restricted by statute. Do not submit information 
that you consider to be CBI or otherwise protected through 
www.regulations.gov or email. The www.regulations.gov Web site is an 
``anonymous access'' system, which means the EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an email comment directly to the EPA without 
going through www.regulations.gov your email address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, the EPA recommends that you include your 
name and other contact information in the body of your comment and with 
any disk or CD-ROM you submit. If the EPA cannot read your comment due 
to technical difficulties and cannot contact you for clarification, the 
EPA may not be able to consider your comment. Electronic files should 
avoid the use of special characters, any form of encryption, and be 
free of any defects or viruses.
    Docket: All documents in the electronic docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., 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 in 
www.regulations.gov or in hard copy during normal business hours at the 
Office of Air, Waste and Toxics, EPA Region 10, 1200 Sixth Avenue, 
Seattle, WA 98101.

FOR FURTHER INFORMATION CONTACT: For information on the New Source 
Review permitting program, please contact Donna Deneen at (206) 553-
6706 or deneen.donna@epa.gov. For information on the Washington SIP in 
general, please contact Jeff Hunt at (206) 553-0256, hunt.jeff@epa.gov, 
or by using the above EPA, Region 10 address.

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we'', 
``us'' or ``our'' are used, it is intended to refer to the EPA.

Table of Contents

I. Purpose of Proposed Action
II. Background for Proposed Action
III. Washington SIP Revisions
    A. WAC 173-400-020, Applicability
    B. WAC 173-400-030, Definitions
    C. WAC 173-400-040, General Standards for Maximum Emissions
    D. WAC 173-400-050, Emission Standards for Combustion and 
Incineration Units
    E. WAC 173-400-060, Emission Standards for General Process Units
    F. WAC 173-400-070, Emission Standards for Certain Source 
Categories
    G. WAC 173-400-081, Startup and Shutdown and WAC 173-400-091, 
Voluntary Limits on Emissions
    H. WAC 173-400-100, Registration Program
    I. WAC 173-400-105, Records, Monitoring, and Reporting
    J. Minor New Source Review: WAC 173-400-110; WAC 173-400-111; 
WAC 173-400-112; WAC 173-400-113; WAC 173-400-036; and WAC 173-400-
560
    K. WAC 173-400-116, Increment Protection
    L. WAC 173-400-117, Special Protection Requirements for Federal 
Class I Areas
    M. WAC 173-400-118, Designation of Class I, II, and III Areas
    N. WAC 173-400-131, Issuance of Emission Reduction Credits
    O. WAC 173-400-136, Use of Emission Reduction Credits (ERC)
    P. WAC 173-400-151, Retrofit Requirements for Visibility 
Protection
    Q. WAC 173-400-171, Public Notice
    R. WAC 173-400-175, Public Information
    S. WAC 173-400-200, Creditable Stack Height and Dispersion 
Techniques
IV. The EPA's Proposed Action
    A. Rules To Approve Into the SIP
    B. Rules To Remove From the SIP
    C. Rules on Which No Action Is Taken
    D. Scope of Proposed Action
V. Statutory and Executive Order Reviews

I. Purpose of Proposed Action

    The purpose of this action is to propose approval of revisions to

[[Page 39352]]

Washington's SIP submitted to the EPA by Ecology on January 27, 2014. 
The SIP submittal revises and amends portions of Chapter 173-400 of the 
Washington Administrative Code (WAC) currently in the Federally-
approved Washington SIP (40 CFR part 52, subpart WW). This action 
proposes to update the SIP to reflect many of the changes to Chapter 
173-400 WAC, last revised November 28, 2012. Ecology did not submit to 
the EPA those sections of Chapter 173-400 WAC that have not changed 
since the last SIP approval by the EPA. Ecology also did not submit 
certain provisions of Chapter 173-400 WAC because they are not related 
to the criteria pollutants regulated under title I of the CAA, not 
essential for meeting and maintaining the NAAQS, or not related to the 
requirements for SIPs under section 110 of the CAA. The proposed SIP 
revisions covered by this action are explained in more detail below, 
along with an evaluation of how these rules comply with the CAA 
requirements for SIPs. Also included is a discussion of how the EPA 
intends to act on the remainder of Ecology's submittal, covering the 
major source PSD and NNSR specific regulations in separate actions.

II. Background for Proposed Action

    Title I of the CAA, as amended by Congress in 1990, specifies the 
general requirements for states to submit SIPs to attain or maintain 
the NAAQS and the EPA's actions regarding approval of those SIPs. With 
this action we are proposing approval of many revisions to the SIP, 
including housekeeping changes such as updated references, renumbering, 
and clarifying wording, as well as more substantive changes. Further 
background on and analysis of the substantive changes is provided 
below.

III. Washington SIP Revisions

A. WAC 173-400-020, Applicability

    As described in the Ecology submittal, Chapter 70.94 Revised Code 
of Washington (RCW), Washington Clean Air Act directs Ecology to 
establish regulations to implement the state air quality programs and 
requirements. In the case of Chapter 173-400 WAC, the Ecology 
regulations apply statewide, except where a local clean air agency has 
implemented its own regulations.\1\ Chapter 70.94 RCW also specifies 
that the local agency and Ecology regulations do not apply to the 
energy facilities under the purview of the Energy Facilities Site 
Evaluation Council (EFSEC). EFSEC is given primary authority for the 
permitting of energy projects listed in Chapter 80.50 RCW, and the EPA-
approved EFSEC regulations are also contained in the SIP under 40 CFR 
part 52, subpart WW. In the case of permitting stationary sources of 
air pollution, Ecology's submittal states that the intent of the 
Washington Clean Air Act is that local clean air agencies, EFSEC, and 
Ecology have primary responsibility for implementing programs and 
regulations to control air pollution in their respective jurisdictions. 
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. The revised language of WAC 173-400-020 
states:
---------------------------------------------------------------------------

    \1\ Although the Washington statutes and regulations use the 
term ``local authority,'' these entities are now more commonly 
referred to as ``local clean air agencies'' or ``local agencies'' 
and that terminology will be used in this proposal.

    (1) The 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 under revised WAC 173-400-020(1), the applicability of 
Chapter 173-400 WAC in a local clean air agency's jurisdiction depends 
on whether the local agency has adopted and is implementing 
corresponding local rules that apply only to sources subject to local 
jurisdiction, the EPA's proposed approval of the submitted Chapter 173-
400 WAC provisions is limited to only those counties where there is no 
local clean air agency and Ecology has direct jurisdiction, excluding 
sources subject to EFSEC regulations. These counties are: Adams, 
Asotin, Chelan, Columbia, Douglas, Ferry, Franklin, Garfield, Grant, 
Kittitas, Klickitat, Lincoln, Okanogan, Pend Oreille, San Juan, 
Stevens, Walla Walla, and Whitman counties, as well as statewide 
jurisdiction for kraft pulp mills, sulfite pulping mills, and primary 
aluminum plants covered under the SIP-approved applicability provisions 
of WAC 173-405-012, WAC 173-410-012, and WAC 173-415-012.
    For the remaining counties and sources under the direct 
jurisdiction of local clean air agencies and sources under EFSEC 
jurisdiction, the statewide version of Chapter 173-400 WAC last 
approved by the EPA in 1995 will remain in the SIP. In addition, the 
corresponding local air agency regulations listed in 40 CFR part52, 
subpart WW, will also apply. This dual set of federally-approved 
regulations in the SIP will continue to apply until the EPA has an 
opportunity to work with the state and local authorities to clarify 
whether the local agencies wish to rely on the newly revised provisions 
of Chapter 173-400 WAC or use local agency corresponding provisions as 
replacements in the SIP. Due to the complexity of working with 
regulations from seven different local air agencies, the EPA intends to 
take a phased approach in reviewing and updating the Washington SIP. 
However, in the short term, the EPA sees considerable value in 
proposing approval of updated regulations covering the eighteen 
counties under Ecology's direct jurisdiction, and the three source 
categories subject to Ecology's direct jurisdiction.

B. WAC 173-400-030, Definitions

    This section contains a list of terms and definitions used 
throughout Chapter 173-400 WAC. Many of the changes made since the 
EPA's last approval are clarifying or housekeeping in nature. For 
example, many of the definitions related to visibility protection were 
moved to WAC 173-400-117, Special Protection Requirements for Federal 
Class I Areas. Similarly, many of the definitions specific to the major 
source PSD and NNSR programs were relocated to WAC 173-400-720, 
Prevention of Significant Deterioration Program and WAC 173-400-810, 
Nonattainment Area New Source Review Program and will be acted on in 
separate actions. Ecology did not submit for approval the definition of 
``Toxic air pollutant (TAP)'' or ``toxic air contaminant'' contained in 
a new subsection, WAC 173-400-030(91), because these pollutants are not 
criteria pollutants or EPA-identified precursors under section 110 of 
the CAA.
    An important revision to WAC 173-400-030 is the inclusion of fine 
particulate matter (PM2.5) definitions consistent with the 
EPA's definitions. On March 4, 2014, the EPA approved Chapter 173-476 
WAC, Ambient Air Quality Standards, which includes PM2.5 and 
all other criteria pollutants consistent with, or more stringent than, 
the Federal NAAQS (79 FR 12077). Inclusion of PM2.5 related 
definitions in WAC 173-400-030(70) and (71), along with the definition 
of criteria pollutants in WAC 173-400-030(21) and the NAAQS in WAC 173-
400-030(49), supports this previous action and provides additional 
clarity in Chapter 173-400 WAC.
    For a full description of the definitional changes, please see 
Ecology's submittal in the docket for

[[Page 39353]]

this action. The EPA reviewed all of the changes and is proposing to 
determine that they are consistent with the definitions in 40 CFR 
51.100 and meet the requirements for approval under section 110 of the 
CAA.

C. WAC 173-400-040, General Standards for Maximum Emissions

    Aside from numerous nonsubstantive or editorial changes, the main 
change to this section is the addition of three narrow exemptions from 
the twenty percent opacity standard which, as explained below, the EPA 
proposes to approve as either de minimis activities and/or activities 
that are appropriately bounded to limit emissions to de minimis levels.
    The first exemption under WAC 173-400-040(2)(e)(i) relates to 
visible emissions reader certification testing. Ecology's analysis for 
this exemption explains that this exemption is required in order to 
allow for certification of readers under 40 CFR Part 60 Appendix A, 
Method 9 because the reader certification testing protocol requires 
opacity values above the opacity standard in WAC 173-400-040(2) as part 
of the testing process. Given the limited circumstances under which 
this exemption will apply, the EPA believes this visible emissions 
reader certification testing exemption is sufficiently narrow so as not 
to interfere with attainment or maintenance of the NAAQS and is 
therefore proposing to determine that it meets the requirements for 
approval under section 110 of the CAA.
    The second exemption under WAC 173-400-040(2)(e)(ii) relates to 
military training exercises. Ecology's submittal explains that military 
training using obscurants is a necessary component of national defense 
and that the presence of obscurants emanating from a discrete source 
(such as a smoke pot) could be classified as a violation of the state 
opacity standard without an exemption. Ecology's submittal describes 
environmental assessments (EAs) performed by the Army that indicate 
that no offsite exceedance of a NAAQS would occur with adherence to the 
location usage criteria within the EAs. The submittal also explains 
that Ecology has included as limitations on the exemption specific 
requirements to control/reduce the offsite impacts from obscurant 
training based on the results of the EAs, such as the tracking of 
weather conditions so that a training is canceled if winds patterns 
change such that the obscurant could travel beyond the boundaries of 
the military site/reservation. Based on this analysis and the fact that 
the EPA has approved a similar exemption in another state (77 FR 2488, 
January 18, 2012), the EPA is proposing to determine that this military 
training exemption will not interfere with attainment or maintenance of 
the NAAQS and meets the requirements for approval under section 110 of 
the CAA.
    The final new exemption under WAC 173-400-040(2)(e)(iii) relates to 
firefighter training. Ecology's submittal and analysis explains that 
the exemption implements a statutory provision allowing instructional 
fires for firefighter training, and that there are limitations and 
requirements in place that minimize this activity and the associated 
air impacts. Based on Ecology's submittal and the expected limited 
occurrence of the exempted activity, the EPA is proposing to determine 
that the exemption for firefighter training will not interfere with 
attainment and maintenance of the NAAQS and meets the requirements for 
approval under section 110 of the CAA.
    In summary, the EPA has reviewed the revisions to the portions of 
WAC 173-400-040 submitted by Ecology and proposes to determine that 
they meet the requirements for approval under section 110 of the CAA. 
In so doing, the EPA notes that Ecology did not submit for EPA approval 
WAC 173-400-040(2)(c) and (d); WAC 173-400-040(3); WAC 173-400-040(5); 
and WAC 173-400-040(7), second paragraph. These sections are not 
currently part of the SIP because they are unbounded director's 
discretion provisions, not related to criteria pollutants regulated 
under title I of the CAA, not essential for meeting and maintaining the 
NAAQS, or not related to the requirements for SIPs under section 110 of 
the CAA. For more information on these provisions that Ecology did not 
include in its SIP submission, please see the EPA's proposed action on 
the Washington SIP (60 FR 9802, Feb. 22, 1995) and the final action (60 
FR 28726, June 2, 1995).

D. WAC 173-400-050, Emission Standards for Combustion and Incineration 
Units

    The EPA approved WAC 173-400-050(1) through (3) into the SIP in 
1993. The EPA's subsequent approval of Chapter 173-400 WAC in 1995 made 
no changes to these provisions. In this action, Ecology requested that 
the EPA approve minor wording changes and updates to WAC 173-400-
050(1). Ecology also modified WAC 173-400-050(3), which had been 
previously disapproved by the EPA as an impermissible director's 
discretion provision (60 FR 28726, June 2, 1995), and has requested 
approval. As revised, WAC 173-400-050(3) contains criteria for 
modifying the default oxygen correction factor when appropriate, such 
as where the source is also subject to a New Source Performance 
Standard (NSPS) and that standard has a different oxygen correction 
factor. Ecology's revisions to subsection (3) provide adequately 
bounded requirements for the use of an alternative oxygen correction 
factor and satisfy previous concerns. The EPA is therefore proposing to 
determine that the changes to WAC 173-400-050(1) and (3) meet the 
requirements for approval under section 110 of the CAA.
    Ecology also requested that the EPA remove the previously approved 
WAC 173-400-050(2) from the SIP because it does not regulate criteria 
pollutants covered under title I of the CAA, is not essential for 
meeting and maintaining the NAAQS, and is not a requirement for SIPs 
under section 110 of the CAA. Ecology's submission explains that this 
subsection regulates emissions from incinerators that are not subject 
to regulation under the state solid waste incinerator rule or under 
Federal NSPS rules that have been adopted by the state, such as small 
incinerators at grocery stores and apartment buildings that are no 
longer common. Ecology also explains that total carbonyls are not a 
criteria air pollutant or an EPA-designated precursor to criteria 
pollutants and, consistent with previous EPA decisions, are therefore 
not appropriate for inclusion in a SIP. Ecology also states that, to 
the extent any of these sources remain and that the carbonyls subject 
to this limitation are volatile organic compounds (VOCs) or particulate 
matter (which are criteria pollutants or EPA-designated precursors), 
such emissions will be regulated as VOCs or particulate matter 
emissions from the source under other requirements of the SIP. For 
these reasons, the EPA agrees with Ecology that removal of this 
specific provision from the SIP will not affect attainment or 
maintenance of the NAAQS and is not otherwise needed to meet the 
requirements for SIPs under section 110 of the CAA and we therefore 
propose to approve the removal of WAC 173-400-050(2) from the SIP.

E. WAC 173-400-060, Emission Standards for General Process Units

    Ecology's changes to this section include an updated reference to 
EPA test methods and a minor word change. The EPA reviewed these 
changes and is proposing to determine that WAC 173-400-060 meets the 
requirements for approval under section 110 of the CAA.

[[Page 39354]]

F. WAC 173-400-070, Emission Standards for Certain Source Categories

    Ecology requested that the EPA replace WAC 173-400-070(1) through 
(6) currently in the SIP with updated versions, adopted as of November 
28, 2012. The changes add silo burners as sources covered by the 
emission standards of this subsection, expand the areas for which 
additional requirements may be established (by removing the reference 
to sensitive areas in WAC 173-400-040(1)(d)), and include minor 
language clarifications and updated references. The EPA reviewed these 
changes and is proposing to determine that they meet the requirements 
for approval under section 110 of the CAA.

G. WAC 173-400-081, Startup and Shutdown and WAC 173-400-091, Voluntary 
Limits on Emissions

    Ecology's update to both of these sections consists of very minor 
wording changes from the versions last approved by the EPA. One change 
merits further discussion. WAC 173-400-091 authorizes Ecology to issue 
regulatory orders setting voluntary limits on the potential to emit of 
a source, which limits could be used to allow a source to avoid 
applicability of certain CAA ``major'' source programs. In 1995, the 
EPA approved this regulation as meeting the requirements for Federally-
enforceable state operating permit programs set forth in 54 FR 27274 
(June 28, 1989), with respect to criteria pollutants and pollutants 
regulated under the PSD program under section 110 of the CAA (as part 
of the SIP) and with respect to hazardous air pollutants under section 
112(l) of the CAA (as part of Ecology's CAA section 112 program and not 
as part of the SIP). See 60 FR 9805 (proposed action); 60 FR 28726 
(final action). Ecology has revised WAC 173-400-091 to delete the 
language stating that such orders ``shall be federally enforceable upon 
approval of this section as an element of the Washington state 
implementation plan.'' This is consistent with a Federal court decision 
vacating the requirement that limits be Federally-enforceable to be 
effective as a means of limiting a source's ``potential to emit'' for 
purposes of avoiding being considered a major source under the PSD or 
major NNSR program. Because Ecology has requested EPA approval of this 
revised provision in the Washington SIP, however, limits on potential 
to emit such pollutants created under WAC 173-400-091 will continue to 
be Federally-enforceable, notwithstanding the revised language in 
Ecology's rule. See Release of Interim Policy on Federal Enforceability 
of Limitations on Potential to Emit, by John S. Seitz, Director, Office 
of Air Quality Planning and Standards, Office of Air and Radiation and 
Robert I. Van Heuvelen, Director, Office of Regulatory Enforcement, 
Office of Enforcement and Compliance Assurance, dated January 22, 1996. 
As with our previous approval, we are approving the revised version for 
purposes of the Washington SIP only with respect to criteria pollutants 
and pollutants regulated under the PSD program. In sum, the EPA 
reviewed the changes to these regulations and we are proposing to 
determine that they meet the requirements for approval under section 
110 of the CAA.

H. WAC 173-400-100, Registration Program

    The registration program was approved into the SIP in 1993 under 
WAC 173-400-100. Ecology has since significantly revised this section 
and the registration program, which is now contained in WAC 173-400-099 
through -104. Ecology has not submitted these sections for approval and 
has requested that the version of WAC 173-400-100 currently in the SIP 
be removed. Ecology's submittal explains that, unlike the version of 
WAC 173-400-100 currently in the Federally-approved SIP, Washington's 
current registration regulations (WAC 173-400-099 through -104) no 
longer are a means of determining the applicability of Washington's new 
source review permitting requirements. Moreover, the registration 
provisions do not impose air pollution control requirements on sources 
or implement or enforce Federal standards. Based on the EPA's review of 
the section and Ecology's explanation for its request, we are proposing 
to remove WAC 173-400-100 from the SIP.

I. WAC 173-400-105, Records, Monitoring, and Reporting

    WAC 173-400-105 contains provisions implementing the air emissions 
reporting requirements and source surveillance requirements in 40 CFR 
part 51, subparts A and K. Revisions to this section update references 
to pollutants (requiring the inclusion of PM2.5, oxides of 
nitrogen, and ammonia in emission inventories), test methods, and 
continuous emissions monitoring requirements. Revisions also clarify 
the existing exemption for monitoring required of sources subject to 
Federal standards, such as the NSPS or National Emissions Standards for 
Hazardous Air Pollutants (NESHAPS). A key change is the addition of 
detailed requirements for continuous emission monitoring systems (CEMs) 
that are not required by NSPS, NESHAPS or other identified Federal 
standards. The EPA reviewed the changes to WAC 173-400-105 and we are 
proposing to determine that the changes meet the requirements for 
approval under section 110 of the CAA and 40 CFR part 51, subparts A 
and K.

J. Minor New Source Review: WAC 173-400-110; WAC 173-400-111; WAC 173-
400-112; WAC 173-400-113; WAC 173-400-036; and WAC 173-400-560

    Ecology's minor NSR program \2\ was last approved into the SIP in 
1995. Since then, Ecology has revised the applicability provisions, 
restructured the regulations, made many clarifying revisions, and made 
some substantive revisions. Together, WAC 173-400-110 through -113 are 
the starting point for any source seeking to construct a new source or 
modify an existing source. Specific provisions in these sections direct 
sources constructing a ``major'' source or making a ``major 
modification'' to a ``major'' source in an attainment or unclassifiable 
area to also comply with the requirements of WAC 173-400-700 through -
750 (PSD) and in a nonattainment area to also comply with the 
requirements of WAC 173-400-800 through -860 (major NNSR). See, for 
example, WAC 173-400-110(1)(d). As discussed above, although Ecology's 
submittal also includes regulations covering the PSD and the major NNSR 
permitting programs, the EPA intends to address these major source NSR 
program regulations in separate actions. Accordingly, the EPA's review 
of and proposed approval of the revised WAC 173-400-110 through -113, 
173-400-036, and 173-400-560 in this action is not a determination that 
these revised regulations meet requirements for approval of a SIP-
approved PSD permitting program (40 CFR 51.166) or a SIP-approved major 
NNSR permitting program (40 CFR 51.165).
---------------------------------------------------------------------------

    \2\ Ecology's NSR rules refer to the approval document as an 
``order'' or ``order of approval'' rather than a permit and an 
application as a ``notice of construction application'' rather than 
a permit application.
---------------------------------------------------------------------------

1. Applicability
    As discussed in Ecology's SIP submittal, the minor NSR rules 
approved by the EPA in 1995 required (1) all new sources listed as 
being required to register with the state or the local clean air agency 
and (2) existing sources being modified and having emission increases 
to undergo NSR and receive an order of approval prior to

[[Page 39355]]

construction. State law was amended in 1996 to require Ecology to 
develop a listing of de minimis emission sources which would not 
require pre-construction review and approval. Specifically, RCW 70.94 
.152(11) states, ``[n]o person is required to submit a notice of 
construction or receive approval for a new source that is deemed by the 
department of ecology or board to have de minimis impact on air 
quality. The department of ecology shall adopt and periodically update 
rules identifying categories of de minimis new sources. The department 
of ecology may identify de minimis new sources by category, size, or 
emission thresholds.'' RCW 70.94 .152(12) adds, ``[f]or purposes of 
this section, `de minimis new sources' means new sources with trivial 
levels of emissions that do not pose a threat to human health or the 
environment.''
    In response to that statutory directive, Ecology revised WAC 173-
400-110 to exempt from review de minimis emission sources in two 
different ways: (1) Through a list of emission units and activities 
determined to have de minimis emissions, and (2) through annual 
emissions threshold levels determined to be de minimis for non-listed 
emission units and activities. Ecology's annual emission exemption 
thresholds are equal to five percent of the PSD significance levels 
defined in 40 CFR 52.21(b)(23), as they existed in 1997. In its 
submittal, Ecology explains that its annual emissions exemption 
thresholds are lower than the levels in the SIPs of 12 other states it 
reviewed in developing its thresholds, and also lower than the annual 
emissions exemption thresholds in the EPA's rule for New Sources and 
Modifications in Indian Country (Tribal NSR rule) at 40 CFR 
49.153(b)(3), Table 1. Ecology also compared its list of exempted 
emission units and activities with those of 12 other states and the 
EPA's Tribal NSR rule and found that its list of exempt units and 
activities is similar to the lists of other states and in the Tribal 
NSR rule, although each state's list reflects differences in the mix of 
sources and priorities of the state. Ecology noted that where a 
particular exempt unit or activity had a size cutoff to be considered 
de minimis, Ecology's cutoffs were often lower than for comparable 
emission units and activity exemptions in the SIPs of other states.
    In addition to comparing its exemption list and thresholds to those 
of other states with SIP-approved minor NSR programs and with the 
Tribal NSR rule, Ecology also conducted modeling to demonstrate that 
its list of exempt emission units and activities, and its exemption 
thresholds would not cause or contribute to an exceedance of the NAAQS. 
Ecology's justification and modeling is also supported by the EPA's 
ambient air quality monitoring data for the State of Washington. This 
information shows that, despite increasingly more stringent NAAQS over 
the years, Washington has remained in attainment for all criteria 
pollutants with the exception of one area designated as nonattainment 
for PM2.5 in 2009 that has since met the standard.\3\
---------------------------------------------------------------------------

    \3\ The Tacoma-Pierce County fine particulate matter 
(PM2.5) nonattainment area (Tacoma-Pierce County) was 
designated for violating the 24-hour PM2.5 NAAQS 
established in 2006 (71 FR 61144, October 17, 2006). For this area, 
elevated 24-hour PM2.5 levels were driven by residential 
wood smoke emissions (74%) rather than industrial emissions (2%). In 
part due to community outreach, more stringent controls on 
residential wood smoke, and fleet turnover with cleaner cars, 
Tacoma-Pierce County met the 24-hour PM2.5 NAAQS based on 
2009-2011 data (77 FR 53772, September 4, 2012), as well as more 
recent 2010-2012 data (78 FR 57503, September 19, 2013).
---------------------------------------------------------------------------

2. Permit Processing and Issuance
    Ecology has consolidated in WAC 173-400-111 many of the permit 
processing and issuance criteria the EPA previously approved into the 
SIP and that were previously contained in WAC 173-400-110, WAC 173-400-
112, and WAC 173-400-113. This section now contains provisions for 
determining the completeness of applications, criteria for approval of 
notice of construction approvals, timeframes for issuing approvals, 
appeals, and revisions. The EPA views this consolidation of the permit 
issuance and processing procedures as administrative, clarifying, and 
non-substantive.
3. Minor NSR in Nonattainment Areas
    The EPA last approved this section on June 2, 1995 (60 FR 28726). 
The current version of WAC 173-400-112, adopted in 2012, remains 
substantively the same for minor sources in nonattainment areas. The 
most significant change is that Ecology moved the major NNSR 
requirements to WAC 173-400-800 through -850 in order to provide 
clarity and to more easily incorporate changes to the EPA program, 
including implementation of the 2002 NSR Reform requirements (67 FR 
80186, December 31, 2002). As discussed above, the EPA intends to 
evaluate WAC 173-400-800 through -850 in a separate proposed action in 
the near future. However, in the interim, we believe there is 
significant value in proposing approval of the revised WAC 173-400-112 
so that the federally enforceable SIP will contain the most up to date 
requirements for minor sources in nonattainment areas.
4. Minor NSR in Attainment and Unclassifiable Areas
    Most of the revisions submitted for approval in WAC 173-400-113 are 
clarifying in nature, but do not substantively alter the underlying 
provisions previously approved by the EPA. For example, Ecology's rules 
still require that a new source or modification will employ ``best 
available control technology'' for all pollutants not previously 
emitted or whose emissions would increase as a result of the new source 
or modification, which goes beyond the minimum requirements for a minor 
NSR program in 40 CFR 51.160.
    We note that Ecology did not submit as part of its SIP revision the 
second sentence in subsection (3), which relies on impact levels in 
Table 4 of this regulation as a basis for concluding that a proposed 
new source or modification does not cause or contribute to a violation 
of the NAAQS. The language in this sentence is similar to language that 
was recently vacated by a court and repealed by the EPA in the EPA's 
PSD regulations with respect to PM2.5. See Sierra Club v. 
EPA, 703 F.3d 458 (D.C. Cir. 2013); 78 FR 73698 (December 9, 2013). 
Ecology explained that its decision not to submit this sentence in 
subsection (3) is to ensure that its SIP is consistent with the court 
decision.
    In subsection (4), Ecology has included PM2.5 
significance levels for determining if impacts from a new major source 
or major modification to a major source in an attainment or 
unclassifiable area will cause or contribute to a violation of an 
ambient air quality standard in a nearby nonattainment area. Ecology's 
significance levels contained in WAC 173-400-113(4)(a) are the same as 
the EPA's significance levels contained in 40 CFR 51.165(b)(2). Ecology 
also added WAC 173-400-113(4)(b) to implement the emission reduction 
offset provisions contained in 40 CFR 51.165(b)(3).
5. Relocation of Portable Sources
    The state regulations regarding portable sources were originally 
part of the SIP-approved regulations under WAC 173-400-110(5). Ecology 
moved these provisions to a stand-alone section, WAC 173-400-036. 
Portable sources that meet the requirements of this section may, 
without obtaining a site-specific or permitting authority-specific 
order of approval, relocate and operate in any jurisdiction in which 
the permitting authority has adopted this section by reference. 
Permitting

[[Page 39356]]

authority participation in the inter-jurisdictional provisions of this 
section is optional. Before a source can move, it must: Already have an 
approved notice of construction order identifying the emission units as 
a portable source; submit a relocation notice and a copy of the 
applicable portable source order of approval to the permitting 
authority with jurisdiction over the intended operation location a 
minimum of fifteen calendar days before the portable source begins 
operation at the new location; submit the emission inventory required 
under WAC 173-400-105 to each permitting authority in whose 
jurisdiction the portable source operated during the preceding year; 
and limit operations to one year or less. Importantly, a source moving 
into nonattainment area that emits a pollutant or precursor for which 
the area is classified as nonattainment must obtain a site-specific 
order of approval and may not rely on this provision. In addition, 
major stationary sources must comply with all otherwise applicable PSD 
requirements.
6. General Orders of Approval
    WAC 173-400-560 provides an alternative path to meeting minor NSR 
permit obligations for certain new sources, fulfilling the requirements 
contained in WAC 173-400-110, 173-400-111, 173-400-112, or 173-400-113. 
Under this provision, Ecology is authorized to issue a general order of 
approval that would authorize construction or modification of a 
specific type of emission unit or source, subject to specified terms 
and conditions. The general order of approval must identify criteria by 
which an emission unit or source may qualify for coverage under the 
associated general order of approval and include terms and conditions 
under which the owner or operator agrees to install and/or operate the 
covered emission unit or source.
    Ecology's SIP revision submittal explains that it intends to use 
this authority for source categories where it has had considerable 
experience in issuing approvals, where ``best available control 
technology'' (BACT) emission controls have not been changing or 
anticipated to change in the near future, and the use of BACT emission 
controls will protect the NAAQS. To date, Ecology has issued general 
orders of approval for dairy anaerobic digesters, concrete batch 
plants, gas-powered emergency electric generators, rock crushers, small 
water heaters and steam generating boilers, auto body shops, and 
asphalt plants. Importantly, applying for a general order of approval 
is not an option if the emission unit or source is part of a major 
stationary source or major modification subject to the requirements of 
WAC 173-400-700 through -750 or WAC 173-400-800 through -860, if the 
emission unit or source triggers applicability of the operating permit 
program under Chapter 173-401 WAC, or if the new source or modification 
would require modification of an existing operating permit. These 
limitations are designed to ensure that the applicant does not divide a 
project into smaller projects to avoid major NSR permitting, or does 
not avoid additional requirements found in WAC 173-401, Air Operating 
Permits.
7. Summary
    The EPA has reviewed the revisions to WAC 173-400-110 to 113, -036, 
and 560 as well as the information submitted by Ecology in its 
submittal. Based on our review, we are proposing to determine that 
these provisions, together with the public notice requirements in WAC 
173-400-171 discussed below, meet the requirements for an approvable 
minor NSR program under 110 of the CAA and 40 CFR 51.160, 51.161, and 
51.163. The EPA also notes that Ecology is not submitting for approval 
into the SIP several provisions in WAC 173-400-110 through 113, -036, 
and -560, primarily related to toxic air pollutants, because these 
sections are not related to regulation of criteria pollutants, are not 
essential for meeting and maintaining the NAAQS, or are not otherwise 
required under section 110 of the CAA. A full list of the sections not 
submitted for approval into the SIP is included in the docket for this 
action.

K. WAC 173-400-116, Increment Protection

    As previously discussed, the EPA intends to evaluate and propose a 
determination on the major source permitting programs, PSD and major 
NNSR, in separate actions. Because WAC 173-400-116 implements the PSD 
increment protection requirements, the EPA will address this section in 
a separate action as part of our evaluation of Ecology's PSD program 
contained in WAC 173-400-700 through -750.

L. WAC 173-400-117, Special Protection Requirements for Federal Class I 
Areas

    WAC 173-400-117 applies only to major sources. The EPA intends to 
address this section in a separate action as part of our evaluation of 
Ecology's PSD program contained in WAC 173-400-700 through -750.

M. WAC 173-400-118, Designation of Class I, II, and III Areas

    This new section codifies the designation of Class I areas 
previously approved into the Washington SIP in WAC 173-400-030, 
Definitions. These areas are the Alpine Lakes Wilderness, Glacier Peak 
Wilderness, Goat Rocks Wilderness, Adams Wilderness; Mount Rainier 
National Park, North Cascades National Park, Olympic National Park, 
Pasayten Wilderness, and Spokane Indian Reservation. WAC 173-400-118 
also lays out procedures for redesignation of Class I, II, and III 
areas consistent with the EPA requirements contained in 40 CFR 
51.166(g). The EPA reviewed this new section and we are proposing to 
determine that it meets the requirements for approval under section 110 
of the CAA and 40 CFR 51.166(g).

N. WAC 173-400-131, Issuance of Emission Reduction Credits

    This new section implements a program to issue emission reduction 
credits useable for offsets required by the NNSR permitting program. 
The EPA will address this section in a separate action as part of our 
evaluation of Ecology's NNSR program contained in WAC 173-400-800 
through -860.

O. WAC 173-400-136, Use of Emission Reduction Credits (ERC)

    This new section implements the requirements for the use of 
emission reduction credits, including their use as offsets required by 
the NNSR permitting program and other uses allowed in Chapter 173-400 
WAC. The EPA will address this section in a separate action as part of 
our evaluation of Ecology's NNSR program contained in WAC 173-400-800 
through -860.

P. WAC 173-400-151, Retrofit Requirements for Visibility Protection

    This section implementing the Best Available Retrofit Technology 
(BART) program for existing stationary sources was last approved by the 
EPA in 1995. Ecology has revised the rule to address a number of 
inconsistencies with the requirements of 40 CFR part 51, sections 
51.301-306, in particular, to align the definition of ``existing 
stationary facility'' (previously in WAC 173-400-030(26) and now in WAC 
173-400-151) with the Federal definition in 40 CFR 51.301 by limiting 
BART applicability to the 26 listed source types and categories, and to 
those facilities that came into existence between 1962 and 1977. 
Because the version of the rule currently in the SIP had not previously 
been applied to any source, revising it to be consistent with the 
Federal definition had no substantive effect on

[[Page 39357]]

the actual implementation of the BART process or defining which sources 
could be potentially subject to BART in Washington. This revision was 
used to develop the 2010 Regional Haze State Implementation Plan for 
Washington. The EPA reviewed these changes to the BART program and we 
are proposing to determine that they meet the requirements for approval 
under section 110 of the CAA and 40 CFR part 51, subpart P, Protection 
of Visibility.

Q. WAC 173-400-171, Public Notice

    The section establishes procedures for informing the public of the 
receipt of Notice of Construction applications and on the criteria that 
would result in a public notice and public comment period on the 
permitting agency's proposed action. The version of this regulation 
currently approved in the SIP limits the types of Notice of 
Construction applications that are subject to public notice and comment 
to those that would authorize emissions above certain thresholds. Since 
then, Ecology has broadened its public notice and comment requirements 
so that notice of receipt of each Notice of Construction application is 
posted on the permitting authority's Web site. In addition, to 
requiring notice and a 30-day public comment period on Notice of 
Construction applications that would authorize emissions above certain 
thresholds, this provision now also requires notice and a 30-day public 
comment period on any application for which a written request for 
public notice and comment was received as a result of the internet 
posting. In addition, this section requires notice and public comment 
for certain actions, such as use of a modified or substituted air 
quality model, other than a guideline model in 40 CFR part 51, appendix 
W; orders issued under WAC 173-400-091 that establish limitations on a 
source's potential to emit; and any application or other action for 
which the permitting authority determines that there is significant 
public interest. The EPA reviewed these changes to the public 
participation procedures and we are proposing to determine that they 
meet the requirements for approval under section 110 of the CAA, 
including for minor NSR (see 40 CFR 51.161), Federally-enforceable 
state operating permit programs (54 FR 27274, June 28, 1989), and stack 
height procedures (40 CFR 51.164). As with the EPA's review and 
proposed action on WAC 173-400-110 through -113, our review and 
proposed action on WAC 173-400-171 in this notice is not a 
determination that this revised regulations meet requirements for 
approval under the EPA's regulations for SIP-approved PSD permitting 
programs (40 CFR 51.166) or SIP-approved major NNSR permitting programs 
(40 CFR 51.165).

R. WAC 173-400-175, Public Information

    This new section provides that, subject to certain exceptions, all 
information, including copies of notice of construction applications, 
orders, and applications to modify orders are available for public 
inspection. As provided in RCW 70.94.205 information that relates ``to 
processes or production unique to the owner or operator, or is likely 
to affect adversely the competitive position of such owner or operator 
if released to the public or to a competitor'' can be claimed as exempt 
from disclosure except to the extent such information is ambient air 
quality data or emission data. The EPA reviewed this new section and is 
proposing to determine that it meets the requirements for approval 
under section 110 of the CAA and 40 CFR 51.116(c) and 51.230(f).

S. WAC 173-400-200, Creditable Stack Height and Dispersion Techniques

    This section last modified effective February 10, 2005, makes only 
minor wording clarifications from the version previously approved into 
the SIP. The EPA reviewed these minor changes and is proposing to 
determine that they meet the requirements for approval under section 
110 of the CAA, including the stack height provisions in 40 CFR 51.118 
and the stack height procedures in 40 CFR 51.164.

IV. The EPA's Proposed Action

    Consistent with the discussion above, the EPA proposes to approve 
many of the submitted SIP provisions and to take action on the 
remaining provisions separately, as discussed below. This action, if 
finalized, will result in changes to the Washington SIP in 40 CFR part 
52, subpart WW.

A. Rules To Approve Into the SIP

    The EPA proposes to approve into the SIP at 40 CFR part 52, subpart 
WW, the Ecology regulations listed in Table 1. It is important to note 
that Ecology did not submit for approval into the SIP certain 
provisions of Chapter 173-400 WAC, generally because they are not 
related to the criteria pollutants regulated under title I of the CAA, 
are not essential for meeting and maintaining the NAAQS, or are not 
related to the requirements for SIPs under section 110 of the CAA. 
These exceptions are noted in the ``Explanation'' column of the table. 
The EPA's review of and proposed approval of the revised WAC 173-400-
110 through -113, 173-400-036, 173-400-171, and 173-400-560 in this 
action is not a determination that these revised regulations meet 
requirements for major sources such as a SIP-approved PSD permitting 
program (40 CFR 51.166), a SIP-approved major NNSR permitting program 
(40 CFR 51.165), or a SIP-approved visibility program (40 CFR 51.307). 
These regulations are marked with asterisks in Table 1. The EPA will 
evaluate these regulations for consistency with the requirements for 
major NSR permitting programs and visibility in a separate action.

                Table 1--Washington State Department of Ecology Regulations for Proposed Approval
----------------------------------------------------------------------------------------------------------------
                                                                         State
           State citation                     Title/subject         effective date           Explanation
----------------------------------------------------------------------------------------------------------------
                       Chapter 173-400 WAC, General Regulations for Air Pollution Sources
----------------------------------------------------------------------------------------------------------------
173-400-020.........................  Applicability...............       12/29/12.  ............................
173-400-030.........................  Definitions.................        12/29/12  Except:
                                                                                    173-400-030(91).
173-400-036 *.......................  Relocation of Portable             12/29/12.  ............................
                                       Sources.
173-400-040.........................  General Standards for                 4/1/11  Except:
                                       Maximum Emissions.
                                                                                    173-400-040(2)(c);
                                                                                    173-400-040(2)(d);
                                                                                    173-400-040(3);
                                                                                    173-400-040(5);
                                                                                    173-400-040(7), second
                                                                                     paragraph.

[[Page 39358]]

 
173-400-050.........................  Emission Standards for              12/29/12  Except:
                                       Combustion and Incineration                  173-400-050(4);
                                       Units.                                       173-400-050(5).
173-400-060.........................  Emission Standards for              2/10/05.  ............................
                                       General Process Units.
173-400-070.........................  Emission Standards for              12/29/12  Except:
                                       Certain Source Categories.                   173-400-070(7);
                                                                                    173-400-070(8).
173-400-081.........................  Startup and Shutdown........         4/1/11.  ............................
173-400-091.........................  Voluntary Limits on                  4/1/11.  ............................
                                       Emissions.
173-400-105.........................  Records, Monitoring, and           12/29/12.  ............................
                                       Reporting.
173-400-110 *.......................  New Source Review (NSR) for         12/29/12  Except:
                                       Sources and Portable
                                       Sources.
                                                                                    173-400-110(1)(c)(ii)(C);
                                                                                    173-400-110(1)(e);
                                                                                    173-400-110(2)(d);
                                                                                    The part of WAC 173-400-
                                                                                     110(4)(b)(vi) that says,
                                                                                     ``not for use with
                                                                                     materials containing toxic
                                                                                     air pollutants, as listed
                                                                                     in chapter 173-460 WAC,'';
                                                                                    The part of 400-
                                                                                     110(4)(e)(iii) that says,
                                                                                     ``where toxic air
                                                                                     pollutants as defined in
                                                                                     chapter 173-460 WAC are not
                                                                                     emitted'';
                                                                                    The part of 400-
                                                                                     110(4)(e)(f)(i) that says,
                                                                                     ``that are not
                                                                                     toxic air pollutants listed
                                                                                     in chapter 173-460 WAC'';
                                                                                    The part of 400-
                                                                                     110(4)(h)(xviii) that says,
                                                                                     ``, to the extent
                                                                                     that toxic air pollutant
                                                                                     gases as defined in chapter
                                                                                     173-460 WAC are not
                                                                                     emitted'';
                                                                                    The part of 400-110
                                                                                     (4)(h)(xxxiii) that says,
                                                                                     ``where no toxic
                                                                                     air pollutants as listed
                                                                                     under chapter 173-460 WAC
                                                                                     are emitted'';
                                                                                    The part of 400-
                                                                                     110(4)(h)(xxxiv) that says,
                                                                                     ``, or <=1% (by
                                                                                     weight) toxic air
                                                                                     pollutants as listed in
                                                                                     chapter 173-460 WAC'';
                                                                                    The part of 400-
                                                                                     110(4)(h)(xxxv) that says,
                                                                                     ``or <=1% (by
                                                                                     weight) toxic air
                                                                                     pollutants'';
                                                                                    The part of 400-
                                                                                     110(4)(h)(xxxvi) that says,
                                                                                     ``or <=1% (by
                                                                                     weight) toxic air
                                                                                     pollutants as listed in
                                                                                     chapter 173-460 WAC'';
                                                                                    400-110(4)(h)(xl), second
                                                                                     sentence; The last row of
                                                                                     the table in 173-400-
                                                                                     110(5)(b) regarding
                                                                                     exemption levels for Toxic
                                                                                     Air Pollutants.
173-400-111 *.......................  Processing Notice of                12/29/12  Except:
                                       Construction Applications                    173-400-111(3)(h);
                                       for Sources, Stationary                      173-400-111(3)(i);
                                       Sources and Portable
                                       Sources.
                                                                                    The part of 173-400-
                                                                                     111(8)(a)(v) that says,
                                                                                     ``and 173-460-
                                                                                     040,'';
                                                                                    173-400-111(9).
173-400-112 *.......................  Requirements for New Sources        12/29/12  Except:
                                       in Nonattainment Areas--                     173-400-112(8).
                                       Review for Compliance with
                                       Regulations.
173-400-113 *.......................  New Sources in Attainment or        12/29/12  Except:
                                       Unclassifiable Areas--                       173-400-113(3), second
                                       Review for Compliance with                    sentence.
                                       Regulations.
173-400-118.........................  Designation of Class I, II,        12/29/12.  ............................
                                       and III Areas.
173-400-151.........................  Retrofit Requirements for           2/10/05.  ............................
                                       Visibility Protection.
173-400-171 *.......................  Public Notice and                   12/29/12  Except:
                                       Opportunity for Public                       The part of 173-400-
                                       Comment.                                      171(3)(b) that says,
                                                                                     ``or any increase
                                                                                     in emissions of a toxic air
                                                                                     pollutant above the
                                                                                     acceptable source impact
                                                                                     level for that toxic air
                                                                                     pollutant as regulated
                                                                                     under chapter 173-460
                                                                                     WAC'';
                                                                                    173-400-171(12).
173-400-175.........................  Public Information..........        2/10/05.  ............................
173-400-200.........................  Creditable Stack Height and         2/10/05.  ............................
                                       Dispersion Techniques.

[[Page 39359]]

 
173-400-560 *.......................  General Order of Approval...        12/29/12  Except:
                                                                                    The part of 173-400-
                                                                                     560(1)(f) that says,
                                                                                     ``173-460 WAC''.
----------------------------------------------------------------------------------------------------------------

B. Rules To Remove From the SIP

    For the reasons discussed in section H above, the EPA is proposing 
to remove from the SIP 173-400-100 WAC, originally adopted September 
20, 1993, and which has since been revised.

C. Rules on Which No Action Is Taken

    As previously discussed, the EPA intends to evaluate and propose a 
determination on the major source permitting programs, major NNSR and 
PSD, in separate actions. Table 2 lists the rules upon which the EPA is 
taking no action at this time.

                     Table 2--Washington State Department of Ecology Regulations Upon Which the EPA Is Taking no Action at This Time
--------------------------------------------------------------------------------------------------------------------------------------------------------
                 State citation                                                                Title/subject
--------------------------------------------------------------------------------------------------------------------------------------------------------
173-400-116.....................................  Increment Protection.
173-400-117.....................................  Special Protection Requirements for Federal Class I Areas.
173-400-131.....................................  Issuance of Emission Reduction Credits.
173-400-136.....................................  Use of Emission Reduction Credits (ERC).
173-400-700.....................................  Review of Major Stationary Sources of Air Pollution.
173-400-710.....................................  Definitions.
173-400-720.....................................  Prevention of Significant Deterioration (PSD).
173-400-730.....................................  Prevention of Significant Deterioration Application Processing Procedures.
173-400-740.....................................  PSD Permitting Public Involvement Requirements.
173-400-750.....................................  Revisions to PSD Permits.
173-400-800.....................................  Major Stationary Source and Major Modification in a Nonattainment Area.
173-400-810.....................................  Major Stationary Source and Major Modification Definitions
173-400-820.....................................  Determining if a New Stationary Source or Modification to a Stationary Source is Subject to these
                                                   Requirements.
173-400-830.....................................  Permitting Requirements.
173-400-840.....................................  Emission Offset Requirements.
173-400-850.....................................  Actual Emissions Plantwide Applicability Limitation (PAL).
173-400-860.....................................  Public Involvement Procedures.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    In addition, as discussed above, the EPA's proposed approval of WAC 
173-400-110 through 113, -036, -560, and -171 in this Federal Register 
publication is not a determination that these revised regulations meet 
requirements for approval under the EPA's regulations for SIP-approved 
PSD permitting programs (40 CFR 51.166) or SIP- approved major NNSR 
permitting programs (40 CFR 51.165). The EPA will evaluate WAC 173-400-
110 through 113, -036, -560, and -171 for consistency with the 
requirements for major NSR permitting programs and visibility in a 
separate action.

D. Scope of Proposed Action

    As previously discussed with respect to WAC 173-400-020, 
Applicability, the EPA's proposed approval for this action is limited 
to only those counties or sources where the Department of Ecology has 
direct jurisdiction. This proposed action excludes sources subject to 
EFSEC or local clean air agency 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. 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.

V. Statutory and Executive Order Reviews

    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 
proposed action merely approves the state's law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by the state's law. For that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);

[[Page 39360]]

     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 the requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because this action does not involve technical standards; and
     does not provide the EPA with the discretionary authority 
to address, as appropriate, disproportionate human health or 
environmental effects, using practicable and legally permissible 
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because it will not impose substantial direct costs on tribal 
governments or preempt tribal law. 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. 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 and the EPA is therefore approving 
this SIP on such lands. Consistent with EPA policy, the EPA nonetheless 
provided a consultation opportunity to the Puyallup Tribe in a letter 
dated February 25, 2014. The EPA did not receive a request for 
consultation.

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: June 26, 2014.
Dennis J. McLerran,
Regional Administrator, Region 10.
[FR Doc. 2014-16141 Filed 7-9-14; 8:45 am]
BILLING CODE 6560-50-P


