[Federal Register Volume 86, Number 232 (Tuesday, December 7, 2021)]
[Proposed Rules]
[Pages 69200-69207]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26437]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2021-0751: FRL-9211-01-R10]


Air Plan Approval; Washington; Yakima Regional Clean Air Agency, 
General Air Quality Regulations

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) 
that were submitted by the Department of Ecology (Ecology) in 
coordination with the Yakima Regional Clean Air Agency (YRCAA). In 
2014, 2015, 2016, and 2020, the EPA approved revisions to the General 
Regulations for Air Pollution Sources promulgated by Ecology in the 
Washington Administrative Code (WAC). In this action, the EPA proposes 
to update the SIP for YRCAA's jurisdiction to reflect these changes to 
the WAC. We also propose to update certain YRCAA regulations currently 
in the SIP, remove obsolete regulations, and approve a small set of 
YRCAA regulations to replace or supplement the corresponding WAC 
regulations for sources in YRCAA's jurisdiction.

DATES: Comments must be received on or before January 6, 2022.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2021-0751 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 
[email protected].

Table of Contents

I. Background for Proposed Action
II. Proposed Revisions, YRCAA Regulation 1
    A. Sections 1.01 Name of Agency, 1.02 Short Title, and 1.03 
Policy
    B. Appendix A Definitions of Words and Phrases [Formerly Section 
1.03 Definitions]
    C. Section 1.04 Applicability
    D. Sections 1.05 Roles and Responsibilities and 2.01 Authority 
and Investigation
    E. Section 1.06 Records
    F. Section 1.07 General Provisions
    G. Section 2.02 Authority To Collect Fees
    H. Section 2.03 Applicable State and Federal Regulations
    I. Section 2.04 Public Participation in Permitting
    J. Section 2.05 Appeals
    K. Sections 3.01 General Rules and 3.08 Specific Dust Controls
    L. Section 4.01 Registration Program
    M. Section 4.03 Voluntary Limits on Emissions
    N. Sections 5.01 General Information, 5.02 Additional or 
Alternative Enforcement Actions, and 5.03 Penalties
III. Applicability of Chapter 173-400 WAC
IV. 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
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews

I. Background for Proposed Action

    On January 27, 2014, Ecology submitted revisions to update the 
General Regulations for Air Pollution Sources contained in Chapter 173-
400 WAC. The EPA approved these updates 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. Subsequent local clean 
air agency actions related to Chapter 173-400 WAC include our approval 
of the Benton Clean Air Agency (80 FR 71695, November 17, 2015), 
Southwest Clean Air Agency (82 FR 17136, April 10, 2017), Puget Sound 
Clean Air Agency (85 FR 22355, April 22, 2020), Northwest Clean Air 
Agency (85 FR 36154, June 15, 2020), and Spokane Regional Clean Air 
Agency (86 FR 24718, May 10, 2021).
---------------------------------------------------------------------------

    \1\ In subsequent actions on October 6, 2016 (81 FR 69385) and 
February 24, 2020 (85 FR 10302) we approved revisions to the WAC 
that incorporated by reference the most recent changes to the 
Federal regulations and other minor changes.
    \2\ These statutory provisions were subsequently re-codified to 
RCW 70A.15.2040 and 70A.15.3000, with no substantive revisions to 
the statutory text. For a more detailed discussion of applicability 
see page 39352 of the EPA's proposed approval of WAC 173-400-020 (79 
FR 39351, July 10, 2014).
---------------------------------------------------------------------------

    On October 14, 2021, 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 YRCAA's jurisdiction in 
40 CFR 52.2470(c), Table 10--Additional Regulations Approved for the 
Yakima Regional Clean Air Agency (YRCAA) Jurisdiction. YRCAA's 
jurisdiction consists of Yakima County, excluding Indian reservation 
land or any other area where the EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. YRCAA also does not have 
jurisdiction over certain facilities discussed in section IV.D. Scope 
of Proposed Action of this document. We note that YRCAA regulatory 
revisions related to outdoor burning, agricultural burning, and wood 
heaters are outside the scope of this current action and addressed 
separately.

[[Page 69201]]

II. Proposed Revisions, YRCAA Regulation 1

    The EPA last approved updates to YRCAA Regulation 1 on February 2, 
1998 (63 FR 5269). Effective December 1, 2002, YRCAA repealed sections 
2.04 Public Participation, 3.01 Emission Standards, 3.11 Monitoring, 
Recordkeeping, and Reporting, and 4.02 New Source Review to rely on the 
statewide provisions of Chapter 173-400 WAC. On October 8, 2020, YRCAA 
adopted additional changes to align with the WAC and other clarifying 
changes. The Washington State Register listing the most recent changes 
to the YRCAA regulations is included in the docket for this action and 
will not be described in detail here. A brief summary of the major 
changes since our last SIP approval is provided below.

A. Sections 1.01 Name of Agency, 1.02 Short Title, and 1.03 Policy

    These changes reflect the name change from ``Yakima County Clean 
Air Authority'' to ``Yakima Regional Clean Air Agency.'' YRCAA also 
renumbered and modified the policy section (now section 1.03) since the 
last version approved into the SIP. With respect to section 1.03, we 
note that Ecology and YRCAA did not submit sub-section H related to the 
State Environmental Policy Act (SEPA). These SEPA provisions are 
outside the scope of the SIPs approved under Clean Air Act (CAA) 
section 110. Lastly, we propose to approve YRCAA Regulation 1, section 
1.03 Policy to replace WAC 173-400-010 Policy and Purpose.

B. Appendix A Definitions of Words and Phrases [Formerly Section 1.03 
Definitions]

    As discussed above, in 2002, YRCAA repealed sections 2.04 Public 
Participation, 3.01 Emission Standards, 3.11 Monitoring, Recordkeeping, 
and Reporting, and 4.02 New Source Review to rely on the statewide 
provisions of Chapter 173-400 WAC. To avoid potential inconsistency 
with the WAC, YRCAA eliminated all definitions in the former section 
1.03 Definitions that were duplicative with Chapter 173-400 WAC and 
moved the remaining definitions to Appendix A. Similarly, on October 8, 
2020, YRCAA eliminated all definitions in Appendix A that were 
duplicative with Chapters 173-425, 173-430, and 173-433 WAC because the 
WAC definitions already apply statewide. The EPA is proposing to 
approve the revised Appendix A, with the exception of asbestos control 
program definitions, which YRCAA did not submit for approval because 
they are outside the scope of SIPs under CAA section 110.

C. Section 1.04 Applicability

    This section defines YRCAA's jurisdiction over certain sources 
within Yakima County. It complements and is consistent with WAC 173-
400-020 Applicability. A full discussion of applicability as it relates 
to the Energy Facility Site Evaluation Council (EFSEC), Indian country, 
and sources directly regulated or permitted by Ecology is included in 
section IV.D. Scope of Proposed Action of this document. The EPA is 
proposing to approve section 1.04, but it does not replace WAC 173-400-
020 in YRCAA's jurisdiction because WAC 173-400-020 is broader in scope 
in that it contains the criteria for when a local standard applies in 
lieu of a provision of Chapter 173-400 WAC.

D. Sections 1.05 Roles and Responsibilities and 2.01 Authority and 
Investigation

    These sections describe the roles, responsibilities, powers, and 
duties of the board of directors, the air pollution control officer, 
and any advisory councils appointed to advise and consult in 
development and implementation of the regulations. As described in 
section IV.B of this document, 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. The EPA is therefore proposing to approve but not 
incorporate by reference sections 1.05 and 2.01.

E. Section 1.06 Records

    This section defines the policy for protecting records and making 
them available to the public. Many of these provisions were approved 
into the SIP under the former section 2.04 Confidentiality. YRCAA 
subsequently consolidated all the record provisions into section 1.06 
and repealed section 2.04. We are proposing to approve section 1.06 
into the SIP and remove the repealed section 2.04 from the SIP. We are 
also proposing to approve section 1.06 to replace WAC 173-400-175 
Public Information within YRCAA's jurisdiction.

F. Section 1.07 General Provisions

    This section contains several general provisions, some of which 
were previously approved into the SIP under the former section 2.03 
Miscellaneous Provisions. Of note are the two sub-sections 1.07(B)(1) 
and (2). Subsection 1.07(B)(1) states, ``No person shall make any false 
material statement, representation or certification in any form, notice 
or report required under Chapter 70A.15 RCW, or any ordinance, 
resolution, regulation, permit or order in force pursuant thereto.'' 
This YRCAA provision, adapted to reflect local agency authority, 
replaces the nearly identical text contained in WAC 173-400-105(6). 
Subsection 1.07(B)(2) states, ``No person shall render inaccurate any 
monitoring device or method required under Chapter 70A.15 RCW, or any 
ordinance, resolution, regulation, permit, or order in force pursuant 
thereto.'' This YRCAA provision replaces the nearly identical text 
contained in WAC 173-400-105(8). The EPA is proposing to approve 
section 1.07 and to approve sub-sections (B)(1) and (2) to replace WAC 
173-400-105(6) & (8). We are also proposing to remove the subsequently 
revoked section 2.03 from the SIP.

G. Section 2.02 Authority To Collect Fees

    Under section 110(a)(2)(L) of the CAA, the state, or local agencies 
acting in lieu of the state, must demonstrate the ability to collect 
adequate fees for permitting major sources. YRCAA therefore submitted 
section 2.02 Authority to Collect Fees to demonstrate adequate fee 
authority to implement the major source nonattainment new source review 
program under WAC 173-400-800 through 173-400-860, should the need 
arise in the future.\3\ Although the EPA reviews these submissions to 
confirm adequate authority, the EPA generally does not include local or 
state agency fees as part of the Washington SIP incorporated by 
reference in 40 CFR 52.2470(c). We are therefore proposing to approve 
section 2.02 as part of the approved but not incorporated by reference 
portion of the SIP under 40 CFR 52.2470(e), and to remove from the SIP 
the previously approved fee provisions at sections 13.01, 13.02, and 
13.03.
---------------------------------------------------------------------------

    \3\ There are currently no designated nonattainment areas in the 
State of Washington to which WAC 173-400-800 through 173-400-860 
would apply.

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

[[Page 69202]]

H. Section 2.03 Applicable State and Federal Regulations

    This section replaces the revoked section 12.01 State Regulations, 
which was approved into the SIP in 1998. Except for Chapter 173-400 WAC 
discussed in more detail below, the remaining state WAC and federal 
Code of Federal Regulations (CFR) provisions cited in section 2.03 
would apply in YRCAA's jurisdiction according to the terms of the state 
and federal regulations and do not need to be included as part of the 
local agency SIP submission. Therefore, we are proposing to remove the 
revoked section 12.01 from the SIP. For a full list of statewide WAC 
provisions approved into the SIP, please see 40 CFR 52.2470(c) Table 
1--Regulations Approved Statewide. For a list of updated Chapter 173-
400 WAC provisions proposed for approval in YRCAA's jurisdiction, 
please see section IV.A Regulations to Approve and Incorporate by 
Reference into the SIP in this document.

I. Section 2.04 Public Participation in Permitting

    As previously discussed, in 2002, YRCAA repealed section 2.04 
Public Participation to rely on WAC 173-400-171 Public Notice and 
Opportunity for Public Comment. On October 8, 2020, YRCAA reestablished 
section 2.04, creating a cross reference to the provisions of WAC 173-
400-171 for permits issued under the new source review program. We are 
proposing to approve section 2.04. However, section 2.04 will not 
replace WAC 173-400-171, because the WAC is broader in scope and covers 
public participation beyond just permitting.

J. Section 2.05 Appeals

    This section cites to Washington statutory provisions for the 
appeals process, as well as the regulatory provisions of WAC 173-400-
250. As previously described with respect to sections 1.05 and 2.01, 
the EPA reviews and approves state and local clean air agency 
submissions to ensure they provide adequate 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. The EPA is therefore proposing to approve but 
not incorporate by reference section 2.05.

K. Sections 3.01 General Rules and 3.08 Specific Dust Controls

    Section 3.01 contains general rules applicable to all sources under 
YRCAA's jurisdiction. Section 3.08 contains additional provisions to 
address fugitive dust from construction and cattle feeding operations. 
We note that YRCAA is not submitting, and the EPA is not proposing to 
approve, subsections 3.01(D) Variance Process, 3.08(A)(3)(b) 
Emergencies, and 3.08(B)(3) Emergencies. It is the EPA's longstanding 
position that these types of provisions are not appropriate for 
approval into the SIP. See 69 FR 17368, 17370 (April 2, 2004); see also 
80 FR 33840, 33917-33918 (June 12, 2015). We also note that these 
provisions, which add additional requirements to address a subset of 
potential fugitive dust sources, do not replace the broader statewide 
provisions of WAC 173-400-040(9) Fugitive Dust. With the exceptions 
noted above, we are proposing to approve sections 3.01 and 3.08.

L. Section 4.01 Registration Program

    Section 4.01 contains the YRCAA-specific registration program, 
which replaces the registration program of WAC 173-400-099 through 173-
400-104. Section 4.01 cites to and uses the source categories in WAC 
173-400-100 for applicability. Section 4.01 also uses emissions 
thresholds established in the WAC for determining annual or triennial 
emissions reporting to support the federal Air Emissions Reporting 
Requirements (40 CFR part 51, subpart A) and other local program 
requirements. We are proposing to approve section 4.01, except for 
requirements related to Toxic Air Pollutants, which YRCAA did not 
submit because such provisions are outside the scope of CAA section 110 
requirements for SIPs.

M. Section 4.03 Voluntary Limits on Emissions

    Section 4.03 replaces WAC 173-400-091 Voluntary Limits on 
Emissions. Section 4.03 contains requirements nearly identical to the 
WAC, but YRCAA adapted the language slightly to reflect local agency 
implementation. We are proposing to approve section 4.03 to replace WAC 
173-400-091 for sources within YRCAA's jurisdiction as it relates to 
CAA section 110 requirements for SIPs.

N. Sections 5.01 General Information, 5.02 Additional or Alternative 
Enforcement Actions, and 5.03 Penalties

    These sections describe YRCAA's compliance, enforcement, and 
penalty authorities. As described in section IV.B of this document, 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. The EPA is therefore proposing 
to approve but not incorporate by reference sections 5.01, 5.02, and 
5.03.

III. Applicability of Chapter 173-400 WAC

    As previously discussed, a local clean air agency has the authority 
under WAC 173-400-020 to establish local regulations to supplement, or 
act in lieu of, the statewide Chapter 173-400 WAC provisions for 
sources under its jurisdiction. YRCAA generally implements and enforces 
Chapter 173-400 WAC, with a small set of YRCAA-specific provisions 
replacing certain sections or subsections of Chapter 173-400 WAC. The 
EPA is generally proposing to approve the most recent updates to 
Chapter 173-400 WAC to apply within YRCAA's jurisdiction subject to the 
exclusions and conditions discussed in section IV The EPA's Proposed 
Action of this document. This approach is consistent with our previous 
SIP actions for Benton Clean Air Agency (80 FR 71695, November 17, 
2015), Southwest Clean Air Agency (82 FR 17136, April 10, 2017), Puget 
Sound Clean Air Agency (85 FR 22355, April 22, 2020), Northwest Clean 
Air Agency (85 FR 36154, June 15, 2020), and Spokane Regional Clean Air 
Agency (86 FR 24718, May 10, 2021.

IV. 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 10--Additional 
Regulations Approved for the Yakima Regional Clean Air Agency (YRCAA) 
Jurisdiction, the YRCAA and Ecology regulations listed in Tables 1 and 
2 of this document below for sources within YRCAA's jurisdiction. Table 
1 shows the updated YRCAA regulations,

[[Page 69203]]

including those YRCAA provisions that replace sections or subsections 
of Chapter 173-400 WAC.

                          Table 1--Updated Yakima Regional Clean Air Agency Regulations
----------------------------------------------------------------------------------------------------------------
                                                                  State/local
       State/local citation               Title/subject         effective date             Explanation
----------------------------------------------------------------------------------------------------------------
                                                  Regulation 1
----------------------------------------------------------------------------------------------------------------
1.01.............................  Name of Agency.............        11/09/20
1.02.............................  Short Title................        11/09/20
1.03.............................  Policy.....................        11/09/20  Except sub-section H. Replaces
                                                                                 WAC 173-400-010.
1.04.............................  Applicability..............        11/09/20
1.06.............................  Records....................        11/09/20  Replaces WAC 173-400-175.
1.07.............................  General Provisions.........        11/09/20  Replaces WAC 173-400-105(6) &
                                                                                 (8).
2.04.............................  Public Participation in            11/09/20
                                    Permitting.
3.01.............................  General Rules..............        11/09/20  Except sub-section D.
3.08.............................  Specific Dust Controls.....        11/09/20  Except sub-sections
                                                                                 3.08(A)(3)(b) and 3.08(B)(3).
4.01.............................  Registration Program.......        11/09/20  Excluding any provisions related
                                                                                 to the regulation of Toxic Air
                                                                                 Pollutants.
4.03.............................  Voluntary Limits on                11/09/20  Replaces WAC 173-400-091 (state
                                    Emissions.                                   effective 4/1/11). The 9/20/93
                                                                                 version of WAC 173-400-091
                                                                                 continues to be approved under
                                                                                 the authority of CAA Section
                                                                                 112(l) with respect to Section
                                                                                 112 hazardous air pollutants.
                                                                                 See 60 FR 28726 (June 2, 1995).
Appendix A.......................  Definitions of Words and           11/09/20  Except asbestos control program
                                    Phrases.                                     definitions.
Appendix B.......................  Definitions of Acronyms and        11/09/20
                                    Abbreviations.
----------------------------------------------------------------------------------------------------------------

    Table 2 of this document shows the updated Chapter 173-400 WAC 
provisions that YRCAA and Ecology requested apply to the SIP within 
YRCAA's jurisdiction. We note that many of the exclusions listed in 
Table 2 are identical to the exclusions for Ecology's direct 
jurisdiction. These exclusions primarily relate to Toxic Air Pollutants 
or other requirements which YRCAA and Ecology did not submit because 
they are outside the scope of regulating criteria pollutants under CAA 
section 110.\4\ Table 2 also excludes those parts of the WAC explicitly 
replaced by the Regulation 1 provisions in Table 1 of this document.
---------------------------------------------------------------------------

    \4\ See 79 FR 39351 (July 10, 2014).
---------------------------------------------------------------------------

    The EPA previously approved Chapter 173-400 WAC as it applied to 
YRCAA's jurisdiction on June 2, 1995 (60 FR 28726). We note that YRCAA 
and Ecology did not submit updates for provision that remain unchanged 
since our 1995 approval. These provisions are WAC 173-400-161, WAC 173-
400-190, WAC 173-400-205, and WAC 173-400-210. Similarly, YRCAA and 
Ecology did not request updates to Chapter 173-400 WAC that have not 
yet been approved by the EPA for Ecology's direct jurisdiction.\5\ For 
those sections or subsections of Chapter 173-400 WAC that are not 
updated as part of this action, the EPA will retain, unchanged, our 
1995 approval of those sections or subsections as it applies to YRCAA's 
jurisdiction.
---------------------------------------------------------------------------

    \5\ YRCAA and Ecology did not request, and the EPA is not 
proposing to approve updates to the following Chapter 173-400 WAC 
sections or subsections to apply within YRCAA's jurisdiction at this 
time: 173-400-030(6), (32), (38), (45), (83), (89), (97), (100), 
(103), and (104); 173-400-040(2); 173-400-070; 173-400-081; WAC 173-
400-107; and 173-400-171(3)(o). See 85 FR 10302 (February 24, 2020) 
for the most recent update of Chapter 173-400 WAC in the SIP.

       Table 2--Updated Washington Department of Ecology Regulations To Apply Within YRCAA's Jurisdiction
----------------------------------------------------------------------------------------------------------------
                                                                     State
          State citation                  Title/subject         effective date            Explanations
----------------------------------------------------------------------------------------------------------------
         Washington Administrative Code, Chapter 173-400--General Regulations for Air Pollution Sources
----------------------------------------------------------------------------------------------------------------
173-400-020......................  Applicability..............        12/29/12
173-400-025......................  Adoption of Federal Rules..         9/16/18
173-400-030......................  Definitions................         9/16/18  Except: 173-400-030(6); 173-400-
                                                                                 030(32); 173-400-030(38); 173-
                                                                                 400-030(45); 173-400-030(83);
                                                                                 173-400-030(89); 173-400-
                                                                                 030(96); 173-400-030(97); 173-
                                                                                 400-030(100); 173-400-030(103);
                                                                                 173-400-030(104).
173-400-036......................  Relocation of Portable             12/29/12
                                    Sources.
173-400-040......................  General Standards for               9/16/18  Except: 173-400-040(2); 173-400-
                                    Maximum Emissions.                           040(3); 173-400-040(5);

[[Page 69204]]

 
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.
173-400-105......................  Records, Monitoring, and           11/25/18  Except 173-400-105(6) & (8).
                                    Reporting.
173-400-110......................  New Source Review (NSR) for        12/29/12  Except: 173-400-
                                    Sources and Portable                         110(1)(c)(ii)(C); 173-400-
                                    Sources.                                     110(1)(e); 173-400-110(2)(d);
                                                                                The part of WAC 173-400-
                                                                                 110(4)(b)(vi) that says,
                                                                                 ``not for use with
                                                                                 materials containing toxic air
                                                                                 pollutants, as listed in
                                                                                 chapter 173-460 WAC,'';
                                                                                The part of 400-110 (4)(e)(iii)
                                                                                 that says,
                                                                                 ``where toxic air
                                                                                 pollutants as defined in
                                                                                 chapter 173-460 WAC are not
                                                                                 emitted'';
                                                                                The part of 400-110(4)(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 <= % (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               07/01/16  Except: 173-400-111(3)(h);
                                    Construction Applications                   The part of 173-400-111(8)(a)(v)
                                    for Sources, Stationary                      that says,
                                    Sources and Portable                         ``and 173-460-040,'';
                                    Sources.                                     173-400-111(9).
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.

[[Page 69205]]

 
173-400-171......................  Public Notice and                   9/16/18  Except: The part of 173-400-
                                    Opportunity for Public                       171(3)(b) that says,
                                    Comment.                                     ``or any increase in
                                                                                 emissions of a toxic air
                                                                                 pollutant above the acceptable
                                                                                 source impact level for that
                                                                                 toxic air pollutant as
                                                                                 regulated under chapter 173-460
                                                                                 WAC'';
                                                                                173-400-171(3)(o); 173-400-
                                                                                 171(12).
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''.
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 YRCAA 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        07/01/16
                                    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....        07/01/16
173-400-840......................  Emission Offset                    07/01/16
                                    Requirements.
173-400-850......................  Actual Emissions Plantwide         07/01/16
                                    Applicability Limitation
                                    (PAL).
173-400-860......................  Public Involvement                   4/1/11
                                    Procedures.
----------------------------------------------------------------------------------------------------------------

B. Approved But Not Incorporated by Reference Regulations

    In addition to the regulations proposed for approval and 
incorporation by reference above in this document, 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 so as to avoid potential conflict with the 
EPA's independent authorities. We are proposing to include YRCAA 
Regulation 1, sections 1.05, 2.01, 2.02, 2.05, 5.01, 5.02, and 5.03 in 
40 CFR 52.2470(e), EPA Approved Nonregulatory Provisions and Quasi-
Regulatory Measures, as approved but not incorporated by reference 
regulatory provisions.

C. Regulations To Remove From the SIP

    YRCAA and Ecology's October 14, 2021 submittal included a request 
to remove several obsolete provisions from the SIP and to remove other 
provisions that are not required SIP elements under CAA section 110. As 
previously discussed, YRCAA and Ecology requested that the EPA: Remove 
former section 1.03 which was replaced by Appendix A; remove former 
section 2.03 which was replaced by the provisions of section 1.07; 
remove former section 2.04 which was replaced by the provisions of 
section 1.06; remove former section 5.12 which was replaced by section 
3.08 and WAC 173-400-040; remove former sections 13.01, 13.02, and 
13.03 which were replaced by the provisions of section 2.02; remove 
former section 12.01 which was replaced by section 2.03 and is not a 
required SIP element; and remove former sections 3.11, 4.02, 4.03, 
5.06, 5.07, 5.08, and 5.11 in order to rely on Chapter 173-400 WAC. We 
are also proposing to remove from 40 CFR 52.2470(c) the former sections 
2.02, 2.05, 3.01, 3.02, 3.03, 3.04, 8.01, 8.02, 8.03, 8.04, and 8.05, 
related to local agency enforcement and other general authority, now 
consolidated in sections 1.05, 2.01, 2.02, 2.05, 5.01, 5.02, and 5.03 
and proposed for approval in 40 CFR 52.2470(e), EPA Approved 
Nonregulatory Provisions and Quasi-Regulatory Measures, as approved but 
not incorporated by reference regulatory provisions. Lastly, we are 
proposing to remove the former section 5.10 Sensitive Area Designation, 
which allowed YRCAA to designate sensitive areas based on a 
consideration of present and predicted ambient air quality, population 
density and trends, distance of sources from public roads, recreational 
areas and areas of human habitation, topographic and meteorological 
conditions, and other pertinent variables. YRCAA has never used this 
authority and eliminated it from Regulation 1 effective May 1, 2000. We 
are also proposing to remove from

[[Page 69206]]

the SIP Chapter 173-400 WAC provisions approved by the EPA on June 2, 
1995 (60 FR 28726) that we are proposing to replace with the local 
agency corollaries discussed above. These provisions are WAC 173-400-
010 (replaced by section 1.03), 173-400-091 (replaced by section 4.03), 
and 173-400-100 (replaced by section 4.01).

D. Scope of Proposed Action

    This proposed revision to the SIP applies specifically to the YRCAA 
jurisdiction as described in the SIP at 40 CFR 52.2470(c)--Table 10. As 
discussed in our October 3, 2014 action approving the general 
provisions of Chapter 173-400 WAC, 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, YRCAA does not 
have authority for sources under the jurisdiction of the 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, YRCAA 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 Prevention of Significant 
Deterioration (PSD) permits. Therefore, the EPA is not approving into 
40 CFR 52.2470(c)--Table 10 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 statewide under 40 CFR 52.2470(c)--Tables 
2 and 3.
    As described in an April 29, 2015 final action approving revisions 
to the Washington SIP, 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 (80 FR 23721). However, for facilities subject 
to major nonattainment new source review (NSR) under the applicability 
provisions of WAC 173-400-800, we are proposing that YRCAA would be 
responsible for implementing those parts of WAC 173-400-117 as they 
relate to major nonattainment NSR permits. See 80 FR 23726. 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 
nonattainment NSR program in YRCAA's jurisdiction.
    With respect to the nonattainment NSR permitting program for major 
stationary sources, 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 NSR requirements for 
PM2.5 nonattainment areas (81 FR 58010). Because there are 
no designated nonattainment areas within YRCAA's jurisdiction 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 YRCAA 
have an obligation to submit rule revisions to address the 2016 
PM2.5 implementation rule at this time. We also note that 
the federal major nonattainment NSR requirements remain unchanged for 
all other criteria pollutants since our review and approval of WAC 173-
400-800 through 173-400-860. We are therefore proposing to approve WAC 
173-400-800 through 173-400-860 in YRCAA's jurisdiction as meeting the 
current major nonattainment NSR requirements for all criteria 
pollutants with respect to the current area designations and 
classifications in the YRCAA jurisdiction. New nonattainment 
designations trigger nonattainment NSR SIP revisions, among other area 
planning requirements.
    Lastly, this SIP revision is not approved to apply on any Indian 
reservation land in Washington or any other area where the EPA or an 
Indian tribe has demonstrated that a tribe has jurisdiction.

V. Incorporation by Reference

    In this document, the EPA is proposing to include in a final rule 
regulatory text 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 IV.A. 
Regulations to Approve and Incorporate by Reference into the SIP of 
this document. The EPA is also proposing to remove from the 
incorporation by reference the regulations discussed in section IV.C. 
Regulations to Remove from the SIP of this document. The EPA has made, 
and will continue to make, these documents generally available through 
https://www.regulations.gov and at the EPA Region 10 Office (please 
contact the person identified in the FOR FURTHER INFORMATION CONTACT 
section of this preamble for more information).

VI. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Clean Air 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 Clean Air Act. 
Accordingly, this proposed action merely approves State law as meeting 
Federal requirements and does not impose additional requirements beyond 
those imposed by State law. For that reason, this proposed 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

[[Page 69207]]

Act of 1995 (15 U.S.C. 272 note) because application of the 
requirements would be inconsistent with the Clean Air Act; 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 proposed action would not apply on any Indian 
reservation land or in any other area where the EPA or an Indian tribe 
has demonstrated that a tribe has jurisdiction. In those areas of 
Indian country, the rule does not have tribal implications as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000). Consistent 
with EPA policy, the EPA provided an opportunity to request 
consultation to the Confederated Tribes and Bands of the Yakama Nation 
in a letter dated April 5, 2021.

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: December 1, 2021.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.
[FR Doc. 2021-26437 Filed 12-6-21; 8:45 am]
BILLING CODE 6560-50-P


