[Federal Register Volume 86, Number 35 (Wednesday, February 24, 2021)]
[Proposed Rules]
[Pages 11204-11211]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03035]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2020-0650: FRL-10019-28-Region 10]


Air Plan Approval; Washington; Spokane Regional Clean Air Agency

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a revision to the Washington State Implementation Plan (SIP) 
that was submitted by the Department of Ecology (Ecology) in 
coordination with the Spokane Regional Clean Air Agency (SRCAA). This 
proposed revision updates the SIP with local SRCAA regulations that 
apply in lieu of, or in supplement to, Ecology's statewide general air 
quality regulations for SRCAA's jurisdiction. We are also proposing to 
approve SRCAA's adoption by reference of certain Ecology general air 
quality regulations, which do not have local agency replacement

[[Page 11205]]

corollaries, to apply in SRCAA's jurisdiction.

DATES: Written comments must be received on or before March 26, 2021.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2020-0650 at https://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. The EPA may publish any 
comment received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. The EPA 
will generally not consider comments or comment contents located 
outside of the primary submission (i.e., on the web, cloud, or other 
file sharing system). For additional submission methods, the full EPA 
public comment policy, information about CBI or multimedia submissions, 
and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Jeff Hunt, EPA Region 10, 1200 Sixth 
Avenue--Suite 155, Seattle, WA 98101, at (206) 553-0256, or 
hunt.jeff@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, it is intended to refer to the EPA. This 
supplementary information section is arranged as follows:

Table of Contents

I. Background for Proposed Action
II. The Submitted SRCAA Regulations
    A. Article I--Policy, Short Title, and Definitions
    B. Article II--General Provisions
    C. Article IV--Registration
    D. Article V--New Source Review for Stationary Sources and 
Portable Sources
    E. Article VI--Emissions Prohibited
III. The EPA's Proposed Action
    A. Regulations To Approve and Incorporate by Reference Into the 
SIP
    B. Approved but Not Incorporated by Reference Regulations
    C. Regulations To Remove From the SIP
    D. Scope of Proposed Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background for Proposed Action

    On January 27, 2014, Ecology submitted revisions to update the 
general air quality regulations contained in Chapter 173-400 Washington 
Administrative Code (WAC), which the EPA approved in three phases on 
October 3, 2014 (79 FR 59653), November 7, 2014 (79 FR 66291), and 
April 29, 2015 (80 FR 23721).\1\ Under the revised applicability 
provisions of WAC 173-400-020 approved into the SIP on October 3, 2014, 
the regulations contained in Chapter 173-400 WAC 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 Revised Code of 
Washington (RCW) 70.94.141 and 70.94.331.'' \2\ Therefore, the EPA's 
approval of Ecology's January 2014 submittal applied only to geographic 
areas and source categories under Ecology's direct jurisdiction. We 
stated that we would address the revised Chapter 173-400 WAC 
regulations as they apply to local clean air agency jurisdictions on a 
case-by-case basis in separate, future actions.
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    \1\ The EPA approved subsequent, minor updates to Chapter 173-
400 WAC on September 29, 2016 (81 FR 66823), October 6, 2016 (81 FR 
69385), and February 24, 2020 (85 FR 10302).
    \2\ For a more detailed discussion see page 39352 of the EPA's 
proposed approval of WAC 173-400-020 (79 FR 39351, July 10, 2014).
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    On November 24, 2020, the Director of Ecology, as the Governor's 
designee for SIP revisions, submitted a request to update the air 
quality regulations in the SIP as they apply to SRCAA's jurisdiction in 
40 CFR 52.2470(c), Table 9--Additional Regulations Approved for the 
Spokane Regional Clean Air Agency (SRCAA) Jurisdiction. SRCAA's 
jurisdiction applies within Spokane County, excluding certain 
facilities discussed in section III.D. Scope of Proposed Action of this 
document. SRCAA's jurisdiction also excludes Indian reservation land or 
any other area where the EPA or an Indian tribe has demonstrated that a 
tribe has jurisdiction.
    Appendix A of the SIP revision show how the submitted regulatory 
updates would apply to SRCAA's jurisdiction. These revisions can be 
summarized in two categories. The first category consists of local 
SRCAA regulations submitted for approval into the SIP. These SRCAA 
provisions can apply in lieu of, or serve as a supplement to, the 
statewide Chapter 173-400 WAC provisions. The second category consists 
of Chapter 173-400 WAC provisions adopted by reference in SRCAA 
Regulation I, subsection 2.14(A)(1). The EPA's proposed approval of the 
Chapter 173-400 WAC provisions adopted by reference for SRCAA's 
jurisdiction would be subject to the same general exceptions that apply 
to Ecology's direct jurisdiction. For example, as part of the January 
2014 submittal of Chapter 173-400 WAC, Ecology did not submit for 
approval those provisions related to the regulation of toxic air 
pollutants or odor because such provisions are outside the scope of 
SIPs under Clean Air Act (CAA) section 110. Lastly, the EPA has not yet 
acted upon all updates to Chapter 173-400 WAC. Therefore, SRCAA and 
Ecology only requested approval of those WAC provisions that the EPA 
already approved for Ecology's direct jurisdiction.\3\
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    \3\ See 85 FR 10301 (February 24, 2020). For those Chapter 173-
400 WAC provisions not requested for approval at this time, we will 
retain our prior June 2, 1995 (60 FR 28726) approval of those 
provisions for SRCAA's jurisdiction. These provisions include WAC 
173-400-030(24) [subsequently renumbered to 173-400-030(32)], 173-
400-040(1)(a) & (b) [subsequently renumbered to 173-400-040(2)(a) & 
(b)], 173-400-070, WAC 173-400-081, and WAC 173-400-107. We will 
also retain our June 2, 1995, approval for WAC 173-400-161, 173-400-
190, 173-400-205, and 173-400-210 because these provisions have not 
changed since our last approval.
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II. The Submitted SRCAA Regulations

    The EPA last approved updates to the SRCAA regulations on September 
28, 2015 (80 FR 58216) and April 12, 2016 (81 FR 21471). The 2015 and 
2016 SIP revisions pertained primarily to solid fuel burning devices 
and particulate matter controls. In this proposed revision to the SIP, 
SRCAA and Ecology submitted the following general provisions and 
corollaries to Chapter 173-400 WAC as described below.

A. Article I--Policy, Short Title, and Definitions

    SRCAA and Ecology submitted sections 1.01 Policy, 1.02 Name of 
Agency and 1.03 Short Title for approval and incorporation in the SIP. 
Subsections 1.01(A) Agency and Jurisdiction and 1.01(B) Public Policy 
replace WAC 173-400-010 Policy and Purpose. We note that subsection 
1.01(C)(1) Applicability supplements but does not replace WAC 173-400-
020 Applicability. Therefore, the EPA is proposing to approve both 
subsection 1.01(C)(1) and the most recent update to WAC 173-400-020, 
adopted by reference, to apply within SRCAA's jurisdiction. Subsection 
1.01(C)(2) specifies ``Agency regulations that have been or will be 
approved by the United States Environmental Protection Agency (EPA) for 
inclusion in the Washington State Implementation Plan (SIP) apply for 
purposes of Washington's SIP, only to the following: (a) Those air 
contaminants for which the EPA has

[[Page 11206]]

established National Ambient Air Quality Standards (NAAQS) and 
precursors to such NAAQS pollutants as determined by the EPA for the 
applicable geographic area; and (b) Any additional air contaminants 
that are required to be regulated under Part C of Title I of the 
Federal Clean Air Act (FCAA), relating to prevention of significant 
deterioration and visibility, but only for the purpose of meeting the 
requirements of Part C of Title I of the FCAA or to the extent those 
additional air contaminants are regulated in order to avoid such 
requirements.'' Subsection 1.01(C)(2) is consistent with the EPA's 
prior approval of Chapter 173-400 WAC (see 79 FR 59653, October 3, 
2014).
    SRCAA and Ecology submitted section 1.04 General Definitions to 
replace the corresponding definitions contained in WAC 173-400-030. A 
redline/strikeout analysis of the section 1.04 definitions compared to 
the WAC 173-400-030 definitions is included in the docket for this 
action. Both sets of definitions are consistent, with minor wording 
changes for clarity or to reflect local agency implementation. Although 
the definitions in section 1.04 generally mirror the WAC 173-400-030 
definitions, not all WAC 173-400-030 definitions appear in section 
1.04. In these instances, SRCAA adopted by reference the following WAC 
173-400-030 definitions in subsection 2.14(A)(1) and submitted them for 
approval in the SIP: Adverse Impact on Visibility; Capacity Factor; 
Class I Area; Dispersion Technique; Emission Threshold; Excess Stack 
Height; Existing Stationary Facility; Federal Class I Area; Federal 
Land Manager; Fossil Fuel-fired Steam Generator; General Process Unit; 
Greenhouse Gases; Industrial Furnace; Mandatory Class I Federal Area; 
Natural Conditions; Projected Width; Reasonably Attributable; Sulfuric 
Acid Plant; and Wood Waste. Consistent with our prior approvals of 
Chapter 173-400 WAC, SRCAA did not submit definitions related to toxic 
air pollutants or odors, because they are outside the scope of SIPs 
under CAA section 110. As previously noted, the EPA has not acted upon 
all updates to Chapter 173-400 WAC. Therefore, SRCAA and Ecology 
requested approval for only those WAC definitions, or SRCAA corollaries 
to those definitions, that the EPA already approved for Ecology's 
direct jurisdiction.\4\
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    \4\ For more information please see the EPA's review of Article 
I included in the docket for this proposed action.
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    Lastly, SRCAA submitted section 1.05 Acronym Index for approval in 
the SIP. We note that many of the acronyms relate to program areas 
outside the scope of the SIP such as Toxic Air Pollutant (TAP) and are 
provided for informational purposes only.

B. Article II--General Provisions

    Article II primarily contains SRCAA's general implementation and 
enforcement authorities. As noted in previous approval actions, the EPA 
reviews and approves state and local clean air agency submissions to 
ensure they provide adequate enforcement authority and other general 
authority to implement and enforce the SIP. However, regulations 
describing such agency enforcement and other general authority are 
generally not incorporated by reference to avoid potential conflict 
with the EPA's independent authorities.\5\ Therefore, we are proposing 
to approve, but not incorporate by reference into the SIP, sections 
2.01 Powers and Duties of the Board, 2.02 Control Office's Duties and 
Powers [section 2.02(E) replaces WAC 173-400-105(3)], 2.03 Confidential 
or Proprietary Information, 2.04 Violations [replaces WAC 173-400-
230(1) & (6)], 2.05 Orders and Hearings, 2.06 Appeal of Board Orders 
[replaces WAC 173-400-250], 2.10 Severability, 2.11 Penalties, Civil 
Penalties, and Additional Means for Enforcement [replaces WAC 173-400-
230(2) & (3)], and 2.12 Restraining Orders--Injunctions [replaces WAC 
173-400-230(4)].
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    \5\ See Benton Clean Air Agency (80 FR 71695, November 17, 
2015), Energy Facility Site Evaluation Council (82 FR 24533, May 30, 
2017), Northwest Clean Air Agency (85 FR 36154, June 15, 2020), 
Puget Sound Clean Air Agency (85 FR 22355, April 22, 2020), and 
Southwest Clean Air Agency (82 FR 17139, April 10, 2017).
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    In addition to the Article II general implementation and 
enforcement authorities described above, SRCAA and Ecology submitted 
sections or subsections 2.08(E), 2.08(F), 2.09, 2.13, and 2.14(A)(1) to 
be approved and incorporated by reference into the SIP, making these 
provisions federally enforceable upon EPA approval. Specifically, 
subsection 2.08(E) False Statements replaces 173-400-105(6); subsection 
2.08(F) Render Inaccurate replaces WAC 173-400-105(8); section 2.09 
contains SRCAA's source testing requirements and replaces WAC 173-400-
105(4); and subsection 2.13(A) adopts by reference federal regulations 
cited in Regulation I as they existed on January 1, 2020. As part of 
SRCAA's adoption by reference of the WAC in section 2.14, SRCAA 
explicitly did not adopt by reference WAC 173-400-025 Adoption of 
Federal Rules in order to avoid conflicting with subsubsection 2.13(A). 
Therefore, for this proposed approval, references to ``in effect on the 
date in WAC 173-400-025'' as part of the SRCAA's adoption by reference 
of Chapter 173-400 WAC is understood to be January 1, 2020, consistent 
with subsection 2.13(A). Similarly, section 2.13(B) establishes the 
adoption by reference date of state regulations cited in section 2.14, 
as January 1, 2020, unless a different date is listed in section 2.14.
    Subsection 2.14(A)(1) lists the specific Chapter 173-400 WAC 
provisions adopted by reference for SRCAA's jurisdiction. As previously 
noted, the regulations contained in Chapter 173-400 WAC apply statewide 
except for specific subsections where a local authority has adopted and 
implemented corresponding local rules. A table listing the Chapter 173-
400 WAC provisions adopted by reference and proposed for approval in 
SRCAA's jurisdiction is included in section III of this proposal. We 
note that subsections 2.14(A)(2) through (11) apply in SRCAA's 
jurisdiction according to the terms of the relevant state regulations 
already approved into the SIP and do not need to be included as part of 
the local agency SIP submission.\6\ Similarly, the adoption by 
reference of federal provisions in sections 2.16, 2.17, 2.18 and 2.19 
are already applicable as federal requirements and are typically not 
submitted or approved as part of a state or local air agency SIP.
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    \6\ Not all state regulations cited in subsections 2.14(A)(2) 
through (11) pertain to the regulation of criteria air pollutants 
under CAA section 110, nor do they apply universally to all 
geographic areas. Please see 40 CFR 52.2470(c) Table 1 for more 
information about the EPA's approval of the state regulations.
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C. Article IV--Registration

    SRCAA uses a registration-based, source category approach in 
section 4.04 Stationary Sources and Source Categories Subject to 
Registration for determining new source review (NSR) applicability 
under Article V New Source Review for Stationary Sources and Portable 
Sources. This approach mirrors the Chapter 173-400 WAC structure 
currently approved by the EPA for SRCAA's jurisdiction (60 FR 28726, 
June 2, 1995). In our July 10, 2014, proposed approval of revisions to 
Chapter 173-400 WAC for Ecology's direct jurisdiction, Ecology 
requested, and the EPA approved, removal of Ecology's registration 
program as a means of determining NSR applicability in the SIP (see 79 
FR 39351, at page 39354). Instead, Ecology moved to an exemption-based 
NSR applicability structure using emission unit and

[[Page 11207]]

activity exemptions in WAC 173-400-110(4) and exemptions based on 
emissions thresholds in WAC 173-400-110(5), which the EPA approved on 
October 3, 2014 (79 FR 59653). We note that subsection 4.04(A)(5)(a) 
contains emissions thresholds equivalent to, or more stringent than, 
the corresponding NSR applicability emission exemption levels in WAC 
173-400-110(5). We also note that subsection 4.04(A)(5) applies to any 
stationary source or stationary source category not otherwise 
identified, making SRCAA's NSR program more stringent than the emission 
unit and activity exemptions in WAC 173-400-110(4). Because SRCAA's NSR 
program continues to be based on the applicability of its registration 
program, we are proposing to approve and incorporate by reference in 
the SIP section 4.04, except for those provisions related to the 
regulation of toxic air pollutants or odors which are outside the scope 
of the SIP. In addition to section 4.04, the other sections or 
subsections SRCAA submitted for approval are 4.03(B) Exemption 
Documentation, 4.03(C) Compliance with Regulation I, and 4.05 Closure 
of a Stationary Source or Emission Units, all provisions of its 
registration program used for NSR applicability.
    The other provisions of SRCAA's registration program do not impose 
air pollution control requirements on sources or implement or enforce 
federal requirements. As discussed in the EPA's removal of WAC 173-400-
100 Registration from the SIP for Ecology's direct jurisdiction, these 
remaining registration provisions are not required SIP elements (79 FR 
59653, October 3, 2014).\7\ Therefore, SRCAA did not submit these other 
provisions as part of its SIP and requested that the EPA remove the 
citation to WAC 173-400-100 in the SIP for SRCAA's jurisdiction.
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    \7\ For a more detailed discussion, please see our proposed 
rulemaking (79 FR 39351, July 10, 2014, at page 39354).
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D. Article V--New Source Review for Stationary Sources and Portable 
Sources

    As discussed above, section 4.04 in combination with section 5.02 
New Source Review--Applicability and when Required replaces WAC 173-
400-110 New Source Review (NSR) for Sources and Portable Sources in 
determining NSR applicability for sources under SRCAA's jurisdiction. 
Similarly, sections 5.04 Information Required, 5.06 Application 
Completeness Determination, 5.07 Processing NOC Applications for 
Stationary Sources, 5.10 Changes to an Order of Approval or Permission 
to Operate, 5.13 Order of Approval Construction Time Limits, and 5.14 
Appeals, collectively, replace the permitting procedures in WAC 173-
400-111 Processing Notice of Construction Applications for Sources, 
Stationary Sources and Portable Sources. Lastly, sections 5.05 Public 
Involvement and 5.08 Portable Sources replace WAC 173-400-171 Public 
Notice and Opportunity for Public Comment and WAC 173-400-036 
Relocation of Portable Sources, respectively. An analysis of the SRCAA 
provisions with the corresponding WAC corollaries they replace is 
included in the docket for this action. SRCAA and Ecology also 
submitted for approval sections 5.09 Operating Requirements for Order 
of Approval and Permission to Operate, 5.11 Notice of Startup of a 
Stationary Source or a Portable Source, 5.12 Work Done Without an 
Approval, and 5.15 Obligation to Comply, all of which have no direct 
corollary under Chapter 173-400 WAC. For other new source review 
permitting requirements SRCAA relies on the adoption by reference of 
Chapter 173-400 WAC.
    As discussed in section III.D Scope of Proposed Action of this 
document, Ecology and the Energy Facility Site Evaluation Council 
(EFSEC) have direct permitting authority for certain source categories, 
including the Prevention of Significant Deterioration (PSD) new source 
review permitting program for major stationary sources in attainment 
and unclassifiable areas. In these cases, SRCAA retains citations to 
the PSD program, implemented under WAC 173-400-700 through 173-400-750, 
for purposes such as working on permit coordination with Ecology, 
enforcing existing PSD permit conditions not yet incorporated into 
Title V permits, and determining violations for inspected facilities 
that failed to obtain the necessary PSD permits. However, SRCAA is not 
requesting, and the EPA is not proposing to approve, the authority to 
issue PSD permits under WAC 173-400-700 through 173-400-750 for SRCAA's 
direct permitting jurisdiction.
    With respect to stationary sources in nonattainment areas, SRCAA 
does not currently have a designated nonattainment area. In the event 
that a nonattainment area is designated in the future, SRCAA adopts by 
reference the following WAC provisions for implementation of the 
nonattainment new source review (NNSR) program, and the accompanying 
visibility permitting requirements for major stationary sources: WAC 
173-400-112 Requirements for New Sources in Nonattainment Areas--Review 
for Compliance with Regulations, WAC 173-400-117 Special Protection 
Requirements for Federal Class I Areas, WAC 173-400-131 Issuance of 
Emission Reduction Credits, 173-400-136 Use of Emission Reduction 
Credits (ERC), as well as the major stationary source NNSR provisions 
contained in WAC 173-400-800 through 173-400-860.\8\
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    \8\ The EPA approved WAC 173-400-800 through 173-400-860 for 
Ecology's direct permitting jurisdiction on November 7, 2014 (79 FR 
59653), with minor revisions to reflect updated federal citations on 
October 6, 2016 (81 FR 69385). In connection with our November 7, 
2014 approval, we reviewed WAC 173-400-800 through 173-400-860 
pursuant to the federal regulatory requirements in existence at that 
time, and discussed the fact that the EPA's 2008 PM2.5 
New Source Review Rule (73 FR 28321, May 16, 2008), had been 
remanded to the EPA by the U.S. Court of Appeals for the District of 
Columbia Circuit. See 79 FR 43345, 43347 (July 25, 2014) (proposed 
action); 79 FR 59653 (final action). EPA's 2008 PM2.5 New 
Source Review Rule has since been replaced by a revised 
implementation rule published August 24, 2016, which imposed 
additional NNSR requirements for PM2.5 nonattainment 
areas (81 FR 58010). Because there are currently no nonattainment 
areas within NWCAA's jurisdiction or Washington State for any 
criteria pollutant, including PM2.5, the EPA did not 
review WAC 173-400-800 through 173-400-860 for consistency with the 
newly revised PM2.5 implementation rule; nor does Ecology 
or NWCAA have an obligation to submit rule revisions to address the 
2016 PM2.5 implementation rule at this time. However, we 
note that the federal major stationary source NNSR requirements 
remain unchanged for all other criteria pollutants since our review 
and approval of WAC 173-400-800 through 173-400-860.
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E. Article VI--Emissions Prohibited

    As part of the SIP revision, SRCAA and Ecology submitted only those 
Article VI provisions which are corollaries to, or supplement, certain 
SIP-approved provisions contained in WAC 173-400-040 General Standards 
for Maximum Emissions. Specifically, SRCAA and Ecology submitted 
subsection 6.04(C) Emissions Detrimental to Persons or Property as a 
direct replacement for the equivalent corollary in WAC 173-400-040(6). 
SRCAA and Ecology also submitted 6.04 subsections (A), (B), and (H) to 
supplement and implement subsection 6.04(C). However, SRCAA and Ecology 
did not submit the odor-related provisions of section 6.04 because 
these provisions are outside the scope of the SIP.\9\ SRCAA and Ecology 
also submitted sections 6.05 Particulate Matter and Preventing 
Particulate

[[Page 11208]]

Matter from Becoming Airborne (except subsection A), 6.14 Standards for 
Control of Particulate Matter on Paved Surfaces, and 6.15 Standards for 
Control of Particulate Matter on Unpaved Roads to supplement but not 
replace corresponding corollary provisions in WAC 173-400-040(4) and 
(9). We note that the EPA previously approved these provisions on April 
12, 2016 (81 FR 21471). The resubmitted versions contain minor edits to 
clarify geographic applicability and improve readability. Lastly, SRCAA 
and Ecology submitted section 6.07 Emission of Air Contaminant 
Concealment and Masking Restricted which is a nearly verbatim 
replacement of WAC 173-400-040(8) Concealment and Masking. An analysis 
of the Article VI provisions submitted for approval is included in the 
docket for this action.
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    \9\ In our approval of WAC 173-400-040 for Ecology's direct 
jurisdiction, Ecology did not submit, and the EPA did not approve, 
WAC 173-400-040(5) Odors because that section was 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. See 79 FR 
39351, July 10, 2014, at page 39353.
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III. The EPA's Proposed Action

A. Regulations To Approve and Incorporate by Reference Into the SIP

    The EPA is proposing to approve and incorporate by reference into 
the Washington SIP at 40 CFR 52.2470(c), Table 9--Additional 
Regulations Approved for the Spokane Regional Clean Air Agency (SRCAA) 
Jurisdiction, the SRCAA and Ecology regulations listed in Tables 1 and 
2 for sources under SRCAA's jurisdiction.

    Table 1--Spokane Regional Clean Air Agency (SRCAA) Regulations for Proposed Approval and Incorporation by
                                                    Reference
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                                                                  State/local
      State/local  citation               Title/subject         effective date             Explanation
----------------------------------------------------------------------------------------------------------------
1.01.............................  Policy.....................        09/01/20  Subsections (A) and (B) replace
                                                                                 WAC 173-400-010.
1.02.............................  Name of Agency.............        09/01/20  ................................
1.03.............................  Short Title................        09/01/20  ................................
1.04.............................  General Definitions........        09/01/20  Except subsections (17), (41),
                                                                                 (52), (60), (74), (101), (112),
                                                                                 (119), and (122). Section 1.04
                                                                                 replaces WAC 173-400-030 except
                                                                                 the WAC 173-400-030 definitions
                                                                                 list below.
1.05.............................  Acronym Index..............        09/01/20  ................................
2.08.............................  Falsification of Statements        09/01/20  Subsections (E) and (F) only.
                                    or Documents, and                            Subsection (E) replaces WAC 173-
                                    Treatment of Documents.                      400-105(6). Subsection (F)
                                                                                 replaces WAC 173-400-105(8).
2.09.............................  Source Tests...............        09/01/20  Section 2.09 replaces WAC 173-
                                                                                 400-105(4).
2.13.............................  Federal and State                  09/01/20  Subsection (A) replaces WAC 173-
                                    Regulation Reference Date.                   400-025.
2.14.............................  Washington Administrative          09/01/20  Subsection (A)(1) only, and only
                                    Codes (WACS).                                with respect to those revised
                                                                                 Chapter 173-400 WAC provisions
                                                                                 that are identified for
                                                                                 incorporation by reference in
                                                                                 the table below.
4.03.............................  Registration Exemptions....        09/01/20  Subsections (B) and (C) only.
4.04.............................  Stationary Sources and             09/01/20  Except subsections (A)(3)(u),
                                    Source Categories Subject                    (A)(3)(v), (A)(5)(b),
                                    to Registration.                             (A)(5)(e)(9), or any other
                                                                                 provision as it relates to the
                                                                                 regulation of toxic air
                                                                                 pollutants or odors.
4.05.............................  Closure of a Stationary            09/01/20  ................................
                                    Source or Emissions
                                    Unit(s).
5.02.............................  New Source Review--                09/01/20  Except subsections (C)(5) and
                                    Applicability and when                       (I). Section 5.02 Replaces WAC
                                    Required.                                    173-400-110. Subsection (F)
                                                                                 replaces WAC 173-400-111(2).
5.03.............................  NOC and PSP Fees...........        09/01/20  ................................
5.04.............................  Information Required.......        09/01/20  Except subsection (A)(8).
                                                                                 Collectively, sections 5.04,
                                                                                 5.06, 5.07, 5.10, 5.13, and
                                                                                 5.14 replace the permitting
                                                                                 procedures in WAC 173-400-111.
5.05.............................  Public Involvement.........        09/01/20  Except subsection (C)(15).
                                                                                 Section 5.05 replaces WAC 173-
                                                                                 400-171.
5.06.............................  Application Completeness           09/01/20  Collectively, sections 5.04,
                                    Determination.                               5.06, 5.07, 5.10, 5.13, and
                                                                                 5.14 replace the permitting
                                                                                 procedures in WAC 173-400-111.
5.07.............................  Processing NOC Applications        09/01/20  Except subsections (A)(1)(g) and
                                    for Stationary Sources.                      (B). Collectively, sections
                                                                                 5.04, 5.06, 5.07, 5.10, 5.13,
                                                                                 and 5.14 replace the permitting
                                                                                 procedures in WAC 173-400-111,
                                                                                 and subsection 5.07(A)(7)
                                                                                 replaces WAC 173-400-110(2)(a).
5.08.............................  Portable Sources...........        09/01/20  Except subsection (A)(6).
                                                                                 Section 5.08 replaces WAC 173-
                                                                                 400-036.
5.09.............................  Operating Requirements for         09/01/20  Except subsection (C).
                                    Order of Approval and
                                    Permission to Operate.
5.10.............................  Changes to an Order of             09/01/20  Collectively, sections 5.04,
                                    Approval or Permission to                    5.06, 5.07, 5.10, 5.13, and
                                    Operate.                                     5.14 replace the permitting
                                                                                 procedures in WAC 173-400-111.
5.11.............................  Notice of Startup of a             09/01/20  ................................
                                    Stationary Source or a
                                    Portable Source.
5.12.............................  Work Done Without an               09/01/20  ................................
                                    Approval.
5.13.............................  Order of Approval                  09/01/20  Collectively, sections 5.04,
                                    Construction Time Limits.                    5.06, 5.07, 5.10, 5.13, and
                                                                                 5.14 replace the permitting
                                                                                 procedures in WAC 173-400-111.
5.14.............................  Appeals....................        09/01/20  Collectively, sections 5.04,
                                                                                 5.06, 5.07, 5.10, 5.13, and
                                                                                 5.14 replace the permitting
                                                                                 procedures in WAC 173-400-111.
5.15.............................  Obligation to Comply.......        09/01/20  ................................
6.04.............................  Emission of Air                    09/01/20  Subsections (A), (B), (C), and
                                    Contaminant: Detriment to                    (H) only and excepting
                                    Person or Property.                          provisions in RCW 70.94.640
                                                                                 (incorporated by reference)
                                                                                 that relate to odor. Subsection
                                                                                 (C) replaces WAC 173-400-
                                                                                 040(6).

[[Page 11209]]

 
6.05.............................  Particulate Matter and             09/01/20  Except subsection (A). Section
                                    Preventing Particulate                       6.05 supplements but does not
                                    Matter from Becoming                         replace WAC 173-400-040(4) and
                                    Airborne.                                    (9).
6.07.............................  Emission of Air Contaminant        09/01/20  Section 6.07 replaces WAC 173-
                                    Concealment and Masking                      400-040(8).
                                    Restricted.
6.14.............................  Standards for Control of           09/01/20  Section 6.14 supplements but
                                    Particulate Matter on                        does not replace WAC 173-400-
                                    Paved Surfaces.                              040(9).
6.15.............................  Standards for Control of           09/01/20  Section 6.15 supplements but
                                    Particulate Matter on                        does not replace WAC 173-400-
                                    Unpaved Roads.                               040(9).
----------------------------------------------------------------------------------------------------------------

    Table 2 shows the Chapter 173-400 WAC provisions adopted by 
reference in Regulation I, subsection 2.14(A)(1) that SRCAA and Ecology 
submitted to apply within SRCAA's jurisdiction. We note that many of 
the exclusions listed below are identical to the exclusions for 
Ecology's direct jurisdiction. We also note that SRCAA and Ecology did 
not submit updates to all the Chapter 173-400 WAC provisions. For these 
remaining provisions we will retain our prior approval of the WAC (60 
FR 28726, June 2, 1995).

   Table 2--Washington Department of Ecology Regulations for Proposed Approval and Incorporation by Reference
----------------------------------------------------------------------------------------------------------------
                                                                  State/local
      State/local  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................         9/16/18  Only the following definitions:
                                                                                 Adverse Impact on Visibility;
                                                                                 Capacity Factor; Class I Area;
                                                                                 Dispersion Technique; Emission
                                                                                 Threshold; Excess Stack Height;
                                                                                 Existing Stationary Facility;
                                                                                 Federal Class I Area; Federal
                                                                                 Land Manager; Fossil Fuel-fired
                                                                                 Steam Generator; General
                                                                                 Process Unit; Greenhouse Gases;
                                                                                 Industrial Furnace; Mandatory
                                                                                 Class I Federal Area; Natural
                                                                                 Conditions; Projected Width;
                                                                                 Reasonably Attributable;
                                                                                 Sulfuric Acid Plant; and Wood
                                                                                 Waste.
173-400-040......................  General Standards for               9/16/18  Except: 173-400-040(2); 173-400-
                                    Maximum Emissions.                           040(3); 173-400-040(5); 173-400-
                                                                                 040(6); 173-400-040(8).
173-400-050......................  Emission Standards for              9/16/18  Except: 173-400-050(2); 173-400-
                                    Combustion and                               050(4); 173-400-050(5); 173-400-
                                    Incineration Units.                          050(6).
173-400-060......................  Emission Standards for             11/25/18  ................................
                                    General Process Units.
173-400-091......................  Voluntary Limits on                  4/1/11  9/20/93 version continues to be
                                    Emissions.                                   approved under the authority of
                                                                                 CAA Section 112(l) with respect
                                                                                 to Section 112 hazardous air
                                                                                 pollutants. See 60 FR 28726
                                                                                 (June 2, 1995).
173-400-105......................  Records, Monitoring, and           11/25/18  Except: 173-400-105(3); 173-400-
                                    Reporting.                                   105(4); 173-400-105(6); 173-400-
                                                                                 105(8).
173-400-112......................  Requirements for New               12/29/12  ................................
                                    Sources in Nonattainment
                                    Areas--Review for
                                    Compliance with
                                    Regulations.
173-400-113......................  New Sources in Attainment          12/29/12  Except: 173-400-113(3), second
                                    or Unclassifiable Areas--                    sentence.
                                    Review for Compliance with
                                    Regulations.
173-400-117......................  Special Protection                 12/29/12  ................................
                                    Requirements for Federal
                                    Class I Areas.
173-400-118......................  Designation of Class I, II,        12/29/12  ................................
                                    and III Areas.
173-400-131......................  Issuance of Emission                 4/1/11  ................................
                                    Reduction Credits.
173-400-136......................  Use of Emission Reduction            4/1/11  ................................
                                    Credits (ERC).
173-400-151......................  Retrofit Requirements for           2/10/05  ................................
                                    Visibility Protection.
173-400-175......................  Public Information.........         2/10/05  ................................
173-400-200......................  Creditable Stack Height and         2/10/05  ................................
                                    Dispersion Techniques.
173-400-560......................  General Order of Approval..        12/29/12  Except: The part of 173-400-
                                                                                 560(1)(f) that says, ``173-460
                                                                                 WAC''.

[[Page 11210]]

 
173-400-800......................  Major Stationary Source and          4/1/11  EPA did not review WAC 173-400-
                                    Major Modification in a                      800 through 860 for consistency
                                    Nonattainment Area.                          with the August 24, 2016 PM2.5
                                                                                 implementation rule (81 FR
                                                                                 58010); nor does SRCAA have an
                                                                                 obligation to submit rule
                                                                                 revisions to address the 2016
                                                                                 PM2.5 implementation rule at
                                                                                 this time.
173-400-810......................  Major Stationary Source and          7/1/16  ................................
                                    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....          7/1/16  ................................
173-400-840......................  Emission Offset                      7/1/16  ................................
                                    Requirements.
173-400-850......................  Actual Emissions Plantwide           7/1/16  ................................
                                    Applicability.
                                   Limitation (PAL)...........
173-400-860......................  Public Involvement                   4/1/11  ................................
                                    Procedures.
----------------------------------------------------------------------------------------------------------------

B. Approved but Not Incorporated by Reference Regulations

    As discussed above, we are proposing to approve the following 
updates to SRCAA's general provisions for inclusion in 40 CFR 
52.2470(e), Table 1--Approved but Not Incorporated by Reference 
Regulations: sections 2.01 Powers and Duties of the Board, 2.02 Control 
Office's Duties and Powers [section 2.02(E) replaces WAC 173-400-
105(3)], 2.03 Confidential or Proprietary Information, 2.04 Violations 
[replaces WAC 173-400-230(1) & (6)], 2.05 Orders and Hearings, 2.06 
Appeal of Board Orders [replaces WAC 173-400-250], 2.10 Severability, 
2.11 Penalties, Civil Penalties, and Additional Means for Enforcement 
[replaces WAC 173-400-230(2) & (3)], and 2.12 Restraining Orders--
Injunctions [replaces WAC 173-400-230(4)]. We also note that SRCAA 
adopts by reference WAC 173-400-220 Requirements for Board Members,173-
400-230 Regulatory Actions, 173-400-240 Criminal Penalties, 173-400-250 
Appeals, and 173-400-260 Conflict of Interest to apply within its 
jurisdiction in the approved but not incorporated by reference section 
of the SIP.

C. Regulations To Remove From the SIP

    We are proposing to remove from the SIP for SRCAA's jurisdiction 
any formerly approved Chapter 173-400 WAC provisions which are replaced 
by local agency corollaries as described above. We are also proposing 
to remove WAC 173-400-100 Registration from the SIP for SRCAA's 
jurisdiction because it is not a required SIP element as described 
above in the discussion of Article IV. Lastly, we are proposing to 
remove the outdated and subsequently repealed Regulation II, section 
4.01 because these requirements were replaced by SRCAA's adoption by 
reference of WAC 173-400-050 and WAC 173-400-060.\10\
---------------------------------------------------------------------------

    \10\ See ``Repeal of Regulation II, Section 4.01'' included in 
the docket.
---------------------------------------------------------------------------

D. Scope of Proposed Action

    This proposed revision to the SIP applies specifically to the SRCAA 
jurisdiction incorporated into the SIP at 40 CFR 52.2470(c)--Table 9. 
As discussed in our October 3, 2014 action, local air agency 
jurisdiction in Washington is generally defined on a geographic basis; 
however, there are exceptions (79 FR 59653, at page 59654). By statute, 
SRCAA does not have authority for sources under the jurisdiction of 
EFSEC. See Revised Code of Washington Chapter 80.50. Under the 
applicability provisions of WAC 173-405-012, 173-410-012, and 173-415-
012, SRCAA also does not have jurisdiction for kraft pulp mills, 
sulfite pulping mills, and primary aluminum plants. For these sources, 
Ecology retains statewide, direct jurisdiction. Ecology and EFSEC also 
retain statewide, direct jurisdiction for issuing PSD permits, as 
previously discussed. Therefore, the EPA is not approving into 40 CFR 
52.2470(c)--Table 9 those provisions of Chapter 173-400 WAC related to 
the PSD program. Specifically, these provisions are WAC 173-400-116 and 
WAC 173-400-700 through 173-400-750, which the EPA has already approved 
as applying state-wide under 40 CFR 52.2470(c)--Tables 2 and 3.
    As described in our April 29, 2015 action, jurisdiction to 
implement the visibility permitting program contained in WAC 173-400-
117 varies depending on the situation. Ecology retains authority to 
implement WAC 173-400-117 as it relates to PSD permits. See 80 FR 
23721. However, for facilities that may be subject to major NNSR under 
the applicability provisions of WAC 173-400-800, adopted by reference, 
we are proposing that SRCAA would be responsible for implementing those 
parts of WAC 173-400-117 as they relate to major NNSR permits. See 80 
FR 23726. If finalized, the EPA is also proposing to modify the 
visibility protection Federal Implementation Plan contained in 40 CFR 
52.2498 to reflect the approval of WAC 173-400-117 as it applies to 
implementation of the major NNSR program in SRCAA's jurisdiction.
    Lastly, this SIP revision is not approved to apply on any Indian 
reservation land within Spokane County and is also not approved to 
apply in any other area where the EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction.

IV. Incorporation by Reference

    In this document, the EPA is proposing to include regulatory text 
in an EPA final rule that includes incorporation by reference. In 
accordance with requirements of 1 CFR 51.5, the EPA is proposing to 
incorporate by reference the regulations shown in the tables in section 
III.A of this document. Regulations to Approve and Incorporate by 
Reference into the SIP and the rules proposed for removal from the SIP 
in section III.C. Regulations to Remove from the SIP of this document. 
The EPA has made, and will continue to make, these materials generally 
available through https://www.regulations.gov and at the EPA Region 10 
Office (please contact the person identified in the FOR FURTHER

[[Page 11211]]

INFORMATION CONTACT section of this preamble for more information).

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 
action merely proposes to approve state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because this action does not involve technical standards; and
     Does not provide the EPA with the discretionary authority 
to address, as appropriate, disproportionate human health or 
environmental effects, using practicable and legally permissible 
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    As discussed above, the SIP is not approved to apply on any Indian 
reservation land in within Spokane county, or any other area where the 
EPA or an Indian tribe has demonstrated that a tribe has jurisdiction 
as described above in section III.D of this document. In those areas of 
Indian country, the rule does not have tribal implications and will not 
impose substantial direct costs on tribal governments or preempt tribal 
law as specified by Executive Order 13175 (65 FR 67249, November 9, 
2000).

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: February 9, 2021.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.
[FR Doc. 2021-03035 Filed 2-23-21; 8:45 am]
BILLING CODE 6560-50-P


