
[Federal Register Volume 79, Number 143 (Friday, July 25, 2014)]
[Proposed Rules]
[Pages 43345-43349]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-17607]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2014-0343: FRL -9914-34-Region 10]


Approval and Promulgation of Implementation Plans; Washington: 
Nonattainment New Source Review

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve revisions to the Washington State Implementation Plan (SIP) 
that were submitted by the Department of Ecology (Ecology) on January 
27, 2014. These revisions update the preconstruction permitting 
regulations for large industrial (major source) facilities located in 
designated nonattainment areas, referred to as the Nonattainment New 
Source Review (major nonattainment NSR or major NNSR) program. While 
these revisions update Ecology's major NNSR program generally, the most 
significant change is the incorporation of regulations to implement 
major NNSR for fine particulate matter, particles with an aerodynamic 
diameter less than or equal to a nominal 2.5 micrometers 
(PM2.5). The major NNSR program is designed to ensure that 
major stationary sources of air pollution are constructed or modified 
in a manner that is consistent with attainment and maintenance of the 
National Ambient Air Quality Standards (NAAQS).

DATES: Comments must be received on or before August 25, 2014.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2014-0343, 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-
2014-0343. 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

[[Page 43346]]

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, WA98101.

FOR FURTHER INFORMATION CONTACT: For information on the major NNSR 
permitting program please contact Donna Deneen at (206) 553-6706 or 
deneen.donna@epa.gov. For information on the Washington SIP in general 
or the Tacoma-Pierce County PM2.5 nonattainment area, 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. Effect of the January 4, 2013 D.C. Circuit Decision Regarding 
PM2.5 Implementation Under Subpart 4
IV. Washington SIP Revisions
    A. WAC 173-400-110, New Source Review (NSR) for Sources and 
Portable Sources; WAC 173-400-111, Processing Notice of Construction 
Applications for Sources, Stationary Sources and Portable Sources; 
and WAC 173-400-112 Requirements for New Sources in Nonattainment 
Areas--Review for Compliance With Regulations
    B. WAC 173-400-800, Major Stationary Source and Major 
Modification in a Nonattainment Area
    C. WAC 173-400-810, Major Stationary Source and Major 
Modification Definitions
    D. WAC 173-400-820, Determining If a New Stationary Source or 
Modification to a Stationary Source Is Subject to These Requirements
    E. WAC 173-400-830, Permitting Requirements
    F. WAC 173-400-840, Emission Offset Requirements
    G. WAC 173-400-850, Actual Emissions Plantwide Applicability 
Limitation (PAL)
    H. WAC 173-400-171, Public Notice and Opportunity for Public 
Comment and WAC 173-400-860, Public Involvement Procedures Public 
Involvement Procedures
    I. WAC 173-400-131, Issuance of Emission Reduction Credits and 
WAC 173-400-136, Use of Emission Reduction Credits (ERC)
V. The EPA's Proposed Action
    A. Rules To Approve Into the SIP
    B. Scope of Proposed Action
VI. Statutory and Executive Order Reviews

I. Purpose of Proposed Action

    The EPA is proposing approval of revisions to Washington's SIP 
related to major NNSR that were submitted by Ecology on January 27, 
2014. The revisions update the general air quality regulations that 
apply to sources within Ecology's jurisdiction, including the minor new 
source review permitting program; regulations covering the major source 
Prevention of Significant Deterioration (PSD); and regulations covering 
major NNSR. On July 10, 2014 (79 FR 39351) the EPA proposed to approve 
the general provisions contained in Chapter 173-400 of the Washington 
Administrative Code (WAC) that apply to all sources under Ecology's 
permitting jurisdiction, as well as the minor source permitting 
program. In that first proposal, the EPA stated that we would act 
separately on the major source permitting programs. In this proposal, 
the second in the series, the EPA is proposing to approve the major 
source NNSR regulations contained in WAC 173-400-800 through 173-400-
860, as well as other parts of Chapter 173-400 WAC that support major 
NNSR. In a future proposal, the third in the series, the EPA will act 
on the remainder of Ecology's January 27, 2014 submittal, covering the 
Prevention of Significant Deterioration (PSD) and visibility permitting 
requirements for major stationary sources.

II. Background for Proposed Action

    On July 18, 1997, the EPA revised the NAAQS for particulate matter 
to add new standards for fine particles, using PM2.5 as the 
indicator. Previously, the EPA used PM10 (inhalable 
particles smaller than or equal to 10 micrometers in diameter) as the 
indicator for the particulate matter NAAQS. The EPA established health-
based (primary) annual and 24-hour standards for PM2.5, 
setting an annual standard at a level of 15 micrograms per cubic meter 
([mu]g/m\3\) and a 24-hour standard at a level of 65 [mu]g/m\3\ (62 FR 
38652). At the time the 1997 primary standards were established, the 
EPA also established welfare-based (secondary) standards identical to 
the primary standards. The secondary standards are designed to protect 
against major environmental effects of PM2.5, such as 
visibility impairment and materials damage. Washington had no areas 
violating the annual or 24-hour 1997 PM2.5 NAAQS at the time 
the standards were promulgated.
    On October 17, 2006, the EPA revised the primary and secondary 
PM2.5 NAAQS (71 FR 61236). In that rulemaking, the EPA 
reduced the 24-hour PM2.5 NAAQS to 35 [micro]g/m\3\ and 
retained the existing annual PM2.5 NAAQS of 15 [micro]g/
m\3\. In 2009, as a result of the change in the 24-hour 
PM2.5 NAAQS from 65 [micro]g/m\3\ to 35 [micro]g/m\3\, the 
EPA designated part of Pierce County as nonattainment based on 2006-
2008 monitoring data (74 FR 58688, November 13, 2009). The Tacoma-
Pierce County PM2.5 nonattainment area covers most of the 
greater Tacoma area and the surrounding communities within Pierce 
County's urban growth area west of State Route 167 and is currently the 
only nonattainment area in Washington State. Finally, on December 14, 
2012, the EPA reduced the primary annual PM2.5 NAAQS to 12 
[mu]g/m\3\ (78 FR 3086). However, the reduced annual PM2.5 
NAAQS will likely have minimal impact on Washington or the Tacoma-
Pierce County PM2.5 nonattainment area because the State's 
PM2.5 nonattainment problems are generally dominated by 
short-term 24-hour spikes associated with residential wood combustion 
during winter inversions, when stagnant air is trapped in low lying 
areas.
    On May 16, 2008, the EPA finalized a rule to implement the 1997 
PM2.5 NAAQS, including changes to the New Source Review 
(NSR) program (the NSR PM2.5 Rule, 73 FR 28321). The 2008 
NSR PM2.5 Rule revised the NSR program requirements to 
establish a framework for implementing preconstruction permit review 
for the PM2.5 NAAQS in both attainment and nonattainment 
areas. The 2008 NSR PM2.5 Rule also established the 
following NSR requirements to implement the PM2.5 NAAQS: (1) 
Required NSR permits to address directly emitted PM2.5 and 
precursor pollutants; (2) established significant emission rates for 
direct PM2.5 and precursor pollutants, including sulfur 
dioxide (SO2) and oxides of nitrogen (NOX); (3) 
established PM2.5 emission offsets for nonattainment areas; 
and (4) required states to account for gases that condense to form 
particles (condensables) in PM2.5 emission limits. The 
Ecology regulations, submitted to the EPA on January 27, 2014, were 
revised to address the requirements of the 2008

[[Page 43347]]

NSR PM2.5 rule, as well as to provide general updates that 
apply to all NAAQS.

III. Effect of the January 4, 2013 DC Circuit Decision Regarding 
PM2.5

Implementation Under Subpart 4

    On January 4, 2013, the U.S. Court of Appeals for the District of 
Columbia Circuit, in Natural Resources Defense Council v. EPA\1\ issued 
a decision that remanded the EPA's 2007 and 2008 rules implementing the 
1997 PM2.5 NAAQS. Relevant here, the 2008 NSR 
PM2.5 Rule promulgated NSR requirements for implementation 
of PM2.5 in both nonattainment areas and attainment/
unclassifiable areas. The Court found that the EPA erred in 
implementing the PM2.5 NAAQS in these rules solely pursuant 
to the general implementation provisions of subpart 1 of part D of 
title I of the Clean Air Act, rather than pursuant to the additional 
implementation provisions specific to particulate matter nonattainment 
areas in subpart 4. The Court ordered the EPA to ``repromulgate these 
rules pursuant to Subpart 4 consistent with this opinion.'' Id. at 437.
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    \1\ 706 F.3d 428 (D.C. Cir. 2013).
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    On June 2, 2014, the EPA published a final rulemaking, 
Identification of Nonattainment Classification and Deadlines for 
Submission of State Implementation Plan (SIP) Provisions for the 1997 
Fine Particle (PM2.5) National Ambient Air Quality Standard (NAAQS) and 
2006 PM2.5 NAAQS, that begins to address the remand (79 FR 31566). The 
final rule classified all existing PM2.5 nonattainment areas 
as ``Moderate'' nonattainment areas and set a deadline of December 31, 
2014, for states to submit any SIP submissions, including nonattainment 
NSR SIPs, that may be necessary to satisfy the requirements of subpart 
4, part D, title I of the CAA with respect to PM2.5 
nonattainment areas.
    In a separate rulemaking process, the EPA is evaluating the 
requirements of subpart 4 as they pertain to nonattainment NSR for 
PM2.5 emissions. In particular, subpart 4 includes section 
189(e) of the CAA, which requires the control of major stationary 
sources of PM10 precursors ``except where the Administrator 
determines that such sources do not contribute significantly to 
PM10 levels which exceed the standard in the area.'' Under 
the Court's decision in NRDC, section 189(e) of the CAA also applies to 
PM2.5.
    Ecology's SIP submission included revisions to two definitions in 
Ecology's nonattainment NSR program. The revised definition of 
``regulated NSR pollutant'' at WAC 173-400-810(24) identifies 
precursors to both ozone and PM2.5 in nonattainment areas. 
With respect to PM2.5, the revised definition of ``regulated 
NSR pollutant'' at WAC 173-400-810(24) identifies sulfur dioxide and 
nitrogen oxides as regulated PM2.5 precursors while volatile 
organic compounds (VOCs) and ammonia are not regulated PM2.5 
precursors in PM2.5 nonattainment areas in the State. The 
revised definition of ``significant'' at WAC 173-400-810(27) adds 
significant emission rates for direct PM2.5 and for sulfur 
dioxide and nitrogen oxides as PM2.5 precursors. These 
revisions, although consistent with the 2008 NSR PM2.5 Rule 
developed in accordance with subpart 1 of the Act, may not contain the 
elements necessary to satisfy the Clean Air Act requirements when 
evaluated under the subpart 4 statutory requirements. In particular, 
Ecology's submission does not include regulation of VOCs and ammonia as 
PM2.5 precursors, nor does it include a demonstration 
consistent with section 189(e) showing that major sources of those 
precursor pollutants would not contribute significantly to 
PM2.5 levels exceeding the standard in the area. For these 
reasons, the EPA cannot conclude at this time that this part of 
Ecology's nonattainment NSR submission satisfies all of the 
requirements of subpart 4 as they pertain to PM2.5 
nonattainment NSR permitting.
    Although the revisions to Ecology's nonattainment NSR rule may not 
contain all of the necessary elements to satisfy the CAA requirements 
when evaluated under the subpart 4 provisions, the revisions themselves 
represent a strengthening of the currently-approved Washington SIP 
which does not address PM2.5 at all. As a result of the June 
2014 final rule, Ecology will have until December 31, 2014, to make any 
additional submission necessary to address the requirements of subpart 
4, including addressing the PM2.5 precursors VOCs and 
ammonia. For these reasons, the EPA is proposing to approve the major 
NNSR revisions at WAC 173-400-800 through 173-400-860, as further 
discussed below, without listing as a deficiency at this time the 
absence of either the regulation or evaluation of VOCs and ammonia as 
PM2.5 precursors.

IV. Washington SIP Revisions

A. WAC 173-400-110, New Source Review (NSR) for Sources and Portable 
Sources; WAC 173-400-111, Processing Notice of Construction 
Applications for Sources, Stationary Sources and Portable Sources; and 
WAC 173-400-112 Requirements for New Sources in Nonattainment Areas--
Review for Compliance With Regulations

    As described in more detail in the EPA's July 10, 2014 proposal, 
WAC 173-400-110 through -112 are the starting point for any source 
seeking to construct a new source or modify an existing source in a 
nonattainment area under Ecology's rules, whether major or minor. 
Specific provisions in these sections direct sources constructing a 
``major'' source or making a ``major modification'' to a ``major'' 
source in a nonattainment area to also comply with the requirements of 
WAC 173-400-800 through -860. See, for example, WAC 173-400-110(1)(d). 
As also discussed in that July 2014 action, the EPA's review of WAC 
173-400-110 through-112 expressly did not include a determination that 
these revised regulations met requirements for approval of a SIP-
approved major NNSR permitting program (40 CFR 51.165). In this action, 
we are proposing to approve WAC 173-400-110 through -112 for purposes 
of implementing the major NNSR permitting program because these 
provisions require compliance with WAC 173-400-800 through -860 (which, 
as discussed below, are consistent with the CAA requirements for a 
major NNSR permitting program) and contain other related permit and 
permit processing provisions that are consistent with CAA requirements.

B. WAC 173-400-800, Major Stationary Source and Major Modification in a 
Nonattainment Area

    As described in more detail in the EPA's July 10, 2014 proposal, 
Ecology shares permitting jurisdiction with seven local clean air 
agencies and one other state agency, the Energy Facilities Site 
Evaluation Council (EFSEC). WAC 173-400-800, in conjunction with WAC 
173-400-020, describes how Ecology's nonattainment NSR regulations 
apply in the local and EFSEC jurisdictions. At this time, the EPA is 
proposing approval of WAC 173-400-800 through 173-400-860 only for 
those facilities subject to Ecology's direct permitting jurisdiction. 
This includes all facilities located in Adams, Asotin, Chelan, 
Columbia, Douglas, Ferry, Franklin, Garfield, Grant, Kittitas, 
Klickitat, Lincoln, Okanogan, Pend Oreille, San Juan, Stevens, Walla 
Walla, and Whitman

[[Page 43348]]

Counties. It also included also includes kraft pulp mills, sulfite 
pulping mills, and primary aluminum plants, for which Ecology has 
direct state-wide permitting jurisdiction under the SIP approved 
provisions of WAC 173-405-012, WAC 173-410-012, and WAC 173-415-012. 
Ecology's direct permitting jurisdiction includes the largest 
industrial source in the Tacoma-Pierce County PM2.5 
nonattainment area, the kraft pulp mill owned by RockTenn (formerly 
Simpson Tacoma Kraft). The remaining facilities in the nonattainment 
area are subject to the Puget Sound Clean Air Agency's permitting 
jurisdiction. The EPA intends to review and act upon Puget Sound Clean 
Air Agency's nonattainment NSR regulations in a separate, future 
action.

C. WAC 173-400-810, Major Stationary Source and Major Modification 
Definitions.

    Section 173-400-810 WAC incorporates the definitions contained in 
40 CFR 51.165, the regulation that sets forth the requirements for SIPs 
for major NNSR. This includes important definitional changes made in 
the EPA's 2008 NSR PM2.5 Rule establishing SO2 
and NOX as presumptive PM2.5 precursors, with 
significant emission rates of 40 tons per year (tpy) for each 
pollutant. It also includes significant emission rates for 
PM10 of 15 tpy and PM2.5 of 10 tpy, including 
gaseous emissions from a source or activity which condense to form 
particulate matter at ambient temperatures. This section makes clear 
that, in the case of a conflict between the definitions contained in 
WAC 173-400-810 and other parts of Chapter 173-400 WAC, the definitions 
of WAC 173-400-810 apply to major NNSR. The EPA reviewed Ecology's 
submission and is proposing to approve the definitions contained in WAC 
173-400-810 as consistent with the EPA's definitions contained in 40 
CFR 51.165.

D. WAC 173-400-820, Determining If a New Stationary Source or 
Modification to a Stationary Source Is Subject to These Requirements

    WAC 173-400-820 uses the emission calculations found in 40 CFR 
51.165 to determine if a project in a nonattainment area is subject to 
major NNSR requirements due to an increase in its emissions. The EPA 
reviewed Ecology's submission and is proposing to approve the emission 
calculations provisions contained in WAC 173-400-820 as consistent with 
40 CFR 51.165(2).

E. WAC 173-400-830, Permitting Requirements

    The majority of this section was part of the existing SIP at WAC 
173-400-112 (1993), Requirements for New Sources in Nonattainment 
Areas, which the EPA last approved in 1995 (60 FR 28726, June 2, 1995). 
Ecology moved the major source nonattainment NSR provisions to a new 
WAC 173-400-800 thorough 173-400-860 for clarity to the public and 
regulated community. Ecology also incorporated other 40 CFR 51.165 
requirements which were added to regulation since the EPA's last 
approval in 1995. The EPA reviewed WAC 173-400-830 and is proposing to 
determine that it is consistent with the SIP-approved provisions 
formerly contained in WAC 173-400-112 and the EPA's permitting 
requirements contained in 40 CFR 51.165.

F. WAC 173-400-840, Emission Offset Requirements

    Under CAA section 173, all major sources and major modifications at 
existing major sources within a nonattainment area must obtain 
emissions reductions to offset any emissions increases of nonattainment 
pollutants resulting from the project in an amount that is at least 
equal to the emissions increase, and that is consistent with reasonable 
further progress towards attainment. The EPA refers to the proportional 
difference between the amount of required offsets to the amount of 
emissions increases as the ``offset ratio.'' The CAA specifies an 
offset ratio for several situations. In ozone nonattainment areas 
subject to subpart 2 (of title 1, part D of the CAA), the ratio is set 
between 1.1:1 and 1.5:1 depending on the level of classification 
pursuant to subpart 2. For other nonattainment areas, the CAA 
establishes a minimum offset ratio of 1:1. The EPA has reviewed 
Ecology's offset program and ratios and is proposing to approve WAC 
173-400-840 as consistent with the CAA.

G. Section 173-400-850 WAC, Actual Emissions Plantwide Applicability 
Limitation (PAL)

    WAC 173-400-850 adopts by reference the plant-wide applicability 
limit process and requirements of 40 CFR Part 51, Appendix S, with the 
minor clarifications to adapt Appendix S to Ecology's permitting 
program. The EPA has reviewed WAC 173-400-850 and is proposing to 
determine that it is consistent with 40 CFR Part 51, Appendix S.

H. WAC 173-400-171, Public Notice and Opportunity for Public Comment 
and WAC 173-400-860, Public Involvement Procedures

    This section states that the public participation procedures 
contained in section 173-400-171 WAC, proposed for approval by the EPA 
on July 10, 2014, shall be used for any major NNSR permit issued 
pursuant to WAC 173-400-830 or WAC 173-400-850. Public participation 
requirements for major NNSR permitting must be consistent with the 
requirements of 40 CFR 51.160 and 161. See 40 CFR 51.165(f)(5). Having 
proposed to determine in our previous action that WAC 173-400-171 is 
consistent with 40 CFR 51.160 and 161 for purposes of minor NSR, we now 
propose to find that WAC 173-400-171 and -860 meet CAA requirements for 
major NNSR.

I. WAC 173-400-131, Issuance of Emission Reduction Credits and WAC 173-
400-136, Use of Emission Reduction Credits (ERC)

    WAC 173-400-131 and 173-400-136 implement a program to issue 
emission reduction credits (ERC's) useable for offsets required by the 
major NNSR permitting program and the attainment area offset provisions 
for major sources in WAC 173-400-113(4). ERC's under this program may 
also be used as creditable emission reductions for netting purposes in 
the major NNSR and PSD permitting programs provided they meet the 
requirements set forth in the definitions of ``major modification'' in 
those programs. Since the EPA last approved Chapter 173-400 WAC, 
Ecology has revised these provisions to make them consistent with the 
EPA's Final Emissions Trading Policy Statement, (51 FR 43814, December 
4, 1986) and 40 CFR 51.165 and 51.166. The EPA is therefore proposing 
to approve both WAC 173-400-131 and WAC 173-400-136 as consistent with 
the CAA but only for the purposes of implementing Washington's major 
NNSR program. The EPA will take action on these provisions for purposes 
of Ecology's PSD permitting program in a separate, future action.

V. The EPA's Proposed Action

    Consistent with the discussion above, the EPA proposes to approve 
the major NNSR revisions submitted by Ecology on January 27, 2014. The 
EPA plans to take action on the remaining provisions related to PSD and 
visibility permitting requirements for major stationary sources in a 
separate, future action. This action will result in proposed changes

[[Page 43349]]

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. The EPA is also 
affirming that the July 10, 2014 proposed approval of the general air 
quality regulations contained WAC 173-400-110 through -112 and WAC 173-
400-171 meet the EPA's requirements for major NNSR.

                Table 1--Washington State Department of Ecology Regulations for Proposed Approval
----------------------------------------------------------------------------------------------------------------
                                                                            State
            State citation                      Title/Subject             effective           Explanation
                                                                            date
----------------------------------------------------------------------------------------------------------------
                       Chapter 173-400 WAC, General Regulations for Air Pollution Sources
----------------------------------------------------------------------------------------------------------------
173-400-131...........................  Issuance of Emission                   4/1/11
                                         Reduction Credits.
173-400-136...........................  Use of Emission Reduction            12/29/12
                                         Credits (ERC).
173-400-800...........................  Major Stationary Source and            4/1/11
                                         Major Modification in a
                                         Nonattainment Area.
173-400-810...........................  Major Stationary Source and          12/29/12
                                         Major Modification
                                         Definitions.
173-400-820...........................  Determining if a New                 12/29/12
                                         Stationary Source or
                                         Modification to a Stationary
                                         Source is Subject to these
                                         Requirements.
173-400-830...........................  Permitting Requirements......        12/29/12
173-400-840...........................  Emission Offset Requirements.        12/29/12
173-400-850...........................  Actual Emissions Plantwide           12/29/12
                                         Applicability Limitation
                                         (PAL).
173-400-860...........................  Public Involvement Procedures          4/1/11
----------------------------------------------------------------------------------------------------------------

B. Scope of Proposed Action

    As previously discussed in the EPA's July 10, 2014 proposal 
regarding applicability under section 173-400-020 WAC, the EPA's 
proposed approval at this time 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, including the RockTenn facility located in the Tacoma-
Pierce County PM2.5 nonattainment area.

VI. 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);
     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, 
Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur oxides, 
Volatile organic compounds.

    Dated: July 16, 2014.
Dennis J. McLerran,
Regional Administrator, Region 10.
[FR Doc. 2014-17607 Filed 7-24-14; 8:45 am]
BILLING CODE 6560-50-P


