[Federal Register Volume 87, Number 131 (Monday, July 11, 2022)]
[Rules and Regulations]
[Pages 41064-41074]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-14389]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2021-0751: FRL-9211-02-R10]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
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 is approving an 
update to the SIP for YRCAA's jurisdiction to reflect these changes to 
the WAC. We are also approving updates to certain YRCAA regulations 
currently in the SIP, removing obsolete regulations, and approving a 
small set of YRCAA regulations to replace or supplement the 
corresponding WAC regulations for sources in YRCAA's jurisdiction.

DATES: This final rule is effective August 10, 2022.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R10-OAR-2021-0751. All documents in the docket are 
listed on the https://www.regulations.gov website. Although listed in 
the index, some information is not publicly available, e.g., CBI or 
other information the disclosure of which is restricted by statute. 
Certain other material, such as copyrighted material, is not placed on 
the internet and is publicly available only in hard copy form. Publicly 
available docket materials are available at https://www.regulations.gov, or please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section for additional availability 
information.

FOR FURTHER INFORMATION CONTACT: Jeff Hunt, EPA Region 10, 1200 Sixth 
Avenue--Suite 155, Seattle, WA 98101, at (206) 553-0256, or 
[email protected].

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

I. Background Information

    On December 7, 2021, the EPA proposed to approve Washington's 
October 14, 2021, SIP revision for YRCAA's jurisdiction as meeting 
Clean Air Act (CAA) requirements (86 FR 69200). The public comment 
period for the proposed action ended on January 6, 2022.

II. Response to Comments

    The EPA received three comments on the proposal. We have summarized 
and responded to the comments below. The full text of the submitted 
comments may be found in the docket for this action.

[[Page 41065]]

    Comment--Emission data, as defined by the EPA, and other data used 
in preparation of plans must be publicly available.
    Summary--A commenter requested confirmation that ``emission data'' 
is not entitled to confidential treatment under YRCAA Regulation 1, 
section 1.06 Records. Specifically, subsection 1.06(D) treats as 
confidential records ``any information, other than ambient air quality 
data or emission data'' that is certified by an owner or operator as 
meeting certain requirements, subject to review by the agency. The 
commenter noted that Regulation 1 does not contain a definition of 
``emission data'' and requested that YRCAA confirm that it will apply 
section 1.06 consistent with the EPA's definition of ``emissions data'' 
in 40 CFR 2.301(a)(2). The commenter also states that Regulation 1 
cannot exempt information that is ``used in the preparation of each 
plan or plan revision,'' citing to 40 CFR 51.116. The commenter gave as 
an example of such information the identification of a manufacturing 
process that is used to estimate emissions from the facility for 
purposes of an attainment plan, and notes that this is an example of 
emission data, which is not entitled to confidential treatment.
    Response--In response to the comment, the EPA has evaluated the 
commenter's concern about the meaning of the term ``emissions data'' in 
subsection 1.06(D) and verified that the YRCCA uses this term 
consistent with CAA requirements. YRCAA has submitted a letter 
confirming that the agency interprets the term ``emission data'' 
consistent with the EPA's definition of ``emissions data'' in 40 CFR 
2.301(a)(2). YRCAA's letter notes that this interpretation is 
consistent with the language in YRCAA Regulation 1, section 1.06 
stating that the application of this provision is ``to provide access 
to any information available under Federal or state law concerning the 
business of the agency.'' Although inclusion of a specific definition 
of ``emissions data'' in section 1.06 could be helpful, the EPA is 
relying on YRCAA's confirmation of the meaning of this term as part of 
the basis for this action. A copy of YRCAA's letter is included in the 
docket for this action.
    The EPA agrees that it is important to have clarity about the 
meaning of the term ``emissions data'' in SIPs. As a specific example 
of potential ambiguity about what is emissions data, the commenter 
states: ``One example could be identification of a manufacturing 
process that is used to estimate emissions from the facility for 
purposes of an attainment plan. Even if the facility claims the 
identification of the manufacturing process is confidential, it is used 
in preparation of the plan and must be disclosed to the public.'' The 
commenter then correctly notes that in this hypothetical scenario, if 
identification of the manufacturing process is in fact necessary 
information in order to estimate the emissions from the source, then 
this information is ``emissions data'' under the EPA's definition in 40 
CFR 2.301(a)(2). The EPA agrees that any information that meets the 
definition of ``emissions data'' in 40 CFR 2.301(a)(2) must be 
available to the public and may not be treated as confidential 
information.
    It is unclear whether the commenter's statement that ``Regulation 1 
cannot exempt information that is `used in the preparation of each plan 
or plan revision''' is limited to ``emission data'' used in the 
preparation of a plan or plan revision, or whether the commenter is 
making a broader statement that no information whatsoever used in 
preparation of a state implementation plan or plan revision may be 
treated as confidential and withheld from the public. To the extent the 
commenter is broadly asserting that no information used in preparation 
of a state implementation plan or plan revision may be treated as 
confidential, the EPA disagrees with that position.
    Section 114(d) of the CAA addresses the extent to which certain 
information obtained by the EPA under the CAA, including information 
used for the purpose of developing or assisting in the development of 
any implementation plan under section 110 of the CAA, is entitled to 
confidential treatment. There is nothing in 40 CFR part 2, subpart B or 
part 51, however, to suggest that the EPA intended to require states to 
make available to the public information used in the preparation of an 
implementation plan or plan revision that would be entitled to 
confidential treatment under section 114(d) of the CAA. As noted by the 
commenter, however, any such claims may not extend to ``emission 
data,'' as defined in 40 CFR 2.301(a)(2), which YRCAA has confirmed is 
the case under YRCAA Regulation 1, section 1.06. We therefore are 
finalizing our proposal to approve section 1.06 into the SIP to replace 
WAC 173-400-175 Public Information within YRCAA's jurisdiction.
    Comment--The EPA must fully disclose the legal effects of its 
approval of section 4.03 ``Voluntary Limits on Emissions''.
    Summary--Section 4.03 Voluntary Limits on Emissions of YRCAA 
Regulation 1, states in subsection (A), ``Upon request by the owner or 
operator of a new or existing source or stationary source, the agency 
shall issue a regulatory order that limits the potential to emit any 
air contaminant or contaminants to a level agreed to by the owner or 
operator and the agency.'' A commenter noted that the EPA had not 
stated in its proposed approval whether regulatory orders issued 
pursuant to section 4.03 can be enforced by the EPA under CAA section 
113 or by citizens under CAA section 304. The commenter goes on to 
explain why it believes regulatory orders issued under YRCAA Region I, 
section 4.03 are enforceable by the EPA and citizens under the CAA.
    Response--YRCAA Regulation 1, section 4.03 is a nearly verbatim 
adaptation of the state regulation WAC 173-400-091 Voluntary Limits on 
Emissions, which the EPA last approved on October 3, 2014 (79 FR 
59653).\1\ In 40 CFR 52.2495 Voluntary limits on potential to emit, the 
EPA explicitly stated that the terms and conditions of regulatory 
orders covering regulated new source review pollutants issued pursuant 
to WAC 173-400-091 shall be applicable requirements of the federally-
approved Washington SIP for the purposes of CAA section 113 and shall 
be enforceable by the EPA and by any person in the same manner as other 
requirements of the SIP. We interpret 40 CFR 52.2495 to apply to any 
local clean air agency corollary regulation approved in lieu of WAC 
173-400-091, as well as the Energy Facilities Site Evaluation Council's 
adoption by reference of WAC 173-400-091. We are revising 40 CFR 
52.2495 with this clarification to remove any ambiguity on this issue. 
With this clarification, we are finalizing our proposal to approve 
section 4.03 into the SIP to replace WAC 173-400-091 Voluntary Limits 
on Emissions.
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    \1\ Please see the docket for a redline/strikeout comparison of 
section 4.03 and WAC 173-400-091.
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    Comment--A commenter questions whether the EPA should approve a SIP 
for a clean air agency when the commenter asserts there are ongoing 
complaints about the agency's legitimacy.
    Summary--A commenter identifies what it considers to be numerous 
concerns with YRCAA agency leadership and program implementation and 
enforcement. The concerns include that the proposed SIP revision was 
not signed by all YRCAA board members, a board member rarely attends 
YRCAA board meetings, and that permitting decisions are made by staff 
and not board members. The letter also summarizes a recent request made 
by the commenter to the Yakima County Commissioners to dissolve the 
YRCAA.

[[Page 41066]]

The commenter summarized concerns raised in their dissolution request, 
including allegations that YRCAA does not address significant air 
pollution in a part of its jurisdiction that is an environmental 
justice community, that YRCAA has refused to acknowledge environmental 
justice, that YRCAA refused to investigate complaints regarding odor 
and dust when the source is animal agriculture, that YRCAA does not 
measure levels of ammonia, hydrogen sulfide, methane, oxygen, or other 
pollutants when citizens complain that they cannot breathe due to air 
pollution in their homes, that YRCAA ignores Washington laws regulating 
confined animal feeding operations and that YRCAA does not regulate 
dairies in Yakima County.
    Response-- The commenter questions whether the EPA should approve a 
SIP for YRCAA because the commenter contends there are ongoing concerns 
about the legitimacy of the YRCAA and states that it has requested 
Yakima County to dissolve YRCAA. In response to those concerns, we note 
that YRCAA is established as a local air authority under Revised Code 
of Washington (RCW) 70A.15.1500 to 70A.15.2040 of the Washington Clean 
Air Act. The Washington Clean Air Act contains a mechanism for the 
state to investigate and address concerns with local air agency 
performance. Specifically, under RCW 70A.15.3100, the Department of 
Ecology ``may, on its own motion, conduct a hearing held in accordance 
with chapters 42.30 and 34.05 RCW, to determine whether or not the air 
pollution prevention and control program of such authority is being 
carried out in good faith and is as effective as possible. If at such 
hearing the department finds that such authority is not carrying out 
its air pollution control or prevention program in good faith, is not 
doing all that is possible and reasonable to control and/or prevent air 
pollution within the geographical area over which it has jurisdiction, 
or is not carrying out the provisions of this chapter, it shall set 
forth in a report or order to the appropriate authority: (1) Its 
recommendations as to how air pollution prevention and/or control might 
be more effectively accomplished; and (2) guidelines which will assist 
the authority in carrying out the recommendations of the department.'' 
In letters dated August 31, 2016 and April 8, 2019, included in the 
docket for this action, Ecology responded to past requests for formal 
review of YRCAA under RCW 70A.15.3100 (previously codified at RCW 
70.94.405) from the commenter based on similar concerns raised by the 
commenter about the legitimacy of YRCAA. For the reasons set forth in 
the response letters, Ecology did not initiate a formal review of YRCAA 
under RCW 70A.15.3100.
    With respect to the specific proposed rulemaking update, the 
Washington Department of Ecology is the Governor's designee for SIP 
revisions. In March 2021, YRCAA submitted the revised rules to Ecology 
and requested Ecology submit them to the EPA for review and approval 
into the SIP. Ecology held two public comment periods from April 8, 
2021 to May 20, 2021 and July 30, 2021 to August 6, 2021, with 
supplemental documentation. During the state public comment periods, 
the commenter, and other associated commenters, raised concerns similar 
to those raised during the EPA's public comment period in this action. 
On October 4, 2021, Ecology's Director, Laura Watson, as the Governor's 
designee, reviewed the results of the public review process and made 
the determination to adopt the SIP revision and submit it to the EPA 
for review and approval. Ecology's response to comments is included in 
the SIP revision and was reviewed by the EPA prior to our proposed 
approval. As Ecology notes in its responses, if Ecology does not submit 
the current YRCAA regulations to the EPA for review and approval, the 
YRCAA rules that were in place in 1989 would continue to be the rules 
that the EPA and the public can enforce in Federal court, and would not 
correspond to the rules YRCAA currently implements, creating 
uncertainty for the public, regulated community and regulatory 
agencies. We agree with that assessment.
    With respect to the EPA's review of the more specific comments 
raised by this commenter during the public comment period in this 
action, many of the concerns, such as the regulation of odor and toxic 
air pollutants regulated under Chapter 173-460 WAC, are outside the 
scope of this action. The EPA's authority to approve SIP submissions 
extends to provisions related to attainment and maintenance of the 
National Ambient Air Quality Standards through regulation of criteria 
pollutants and their precursors and carrying out other specific 
requirements of section 110 and Parts C and D of the CAA. To the extent 
that the commenter raises concerns regarding YRCAA's regulation of 
precursors to criteria pollutants, such as ammonia and volatile organic 
compounds, none of the comments address a specific deficiency in a 
regulation that the EPA proposed to approve in this action. In this 
regard, we note that Yakima County is not designated nonattainment for 
any criteria pollutants and this SIP revision was not submitted to 
address any outstanding CAA Part D nonattainment requirements.
    With respect to the assertion that YRCAA ignores specified 
Washington laws with respect to confined animal feeding operations, the 
commenter does not explain the basis for its concerns with any 
specificity. Several of the provisions cited by the commenter are 
clearly outside the scope of this action: RCW 70.15.2270 (addressing 
fees under Washington's title V operating permit program) and WAC 173-
460 (toxic air pollutants). RCW 70A.15.1005 (declaration of public 
policies and purpose), and RCW 70A.15.3150, (penalties) are broad, 
authorizing legislation, and the commenter does not explain how YRCAA 
is ignoring these statutes and how such an allegation relates to the 
EPA's authority to approve the revisions and updates to the Washington 
SIP. RCW 70A.15.3050 (emission control requirements) provides that 
local air authorities in Washington must generally have requirements 
for the control of emissions that are no less stringent than those 
adopted by the Washington Department of Ecology. The commenter does not 
explain with any specificity, however, how the YRCAA regulations that 
the EPA proposed to approve in this action are less stringent than 
Ecology's regulations. In this regard, the EPA notes that it has 
proposed to approve subsection 3.08(B) Dust from Cattle Feeding 
Operations, which adds additional requirements to supplement the state 
requirements in WAC 173-400-040(9) Fugitive Dust. Because no equivalent 
requirements for dust control plans at cattle feeding operations exist 
in state or Federal regulations, subsection 3.08(B) Dust from Cattle 
Feeding Operations is SIP-strengthening. The commenter also cites to 
WAC 173-400-100, Washington's registration requirements. This 
regulation, however, is not in the SIP. See 79 FR 39351 (July 10, 2014) 
at page 39354.
    In summary, the commenter raises broad concerns about YRCAA program 
implementation and enforcement of air pollution control requirements 
but does not raise specific Regulation 1 provisions for the EPA to 
address or specify any action the EPA should take differently with 
regards to the submitted regulations.

[[Page 41067]]

III. Final Action

A. Regulations Approved and Incorporated by Reference Into the SIP

    The EPA is approving general air quality regulations for the YRCAA 
jurisdiction. These regulations impose new source review permitting 
requirements, source registration requirements, source testing 
procedures, public participation requirements, control measures for 
certain source categories such as dust control requirements, and other 
general provisions as necessary to implement the requirements above, 
such as definitions and procedures. Specifically, the EPA is approving 
and incorporating 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 following YRCAA 
Regulation 1 sections effective November 11, 2020:
     1.01, 1.02, 1.03, 1.04, 1.06, 1.07, 2.04, 3.01, 3.08, 
4.01, 4.03, Appendix A, and Appendix B.
    The EPA is also approving and incorporating by reference the 
following Chapter 173-400 WAC sections (state effective as of the date 
shown below) that YRCAA and Ecology submitted to apply within YRCAA's 
jurisdiction:
     173-400-020 (12/29/2012), 173-400-025 (9/16/2018), 173-
400-030 (9/16/2018), 173-400-036 (12/29/2012), 173-400-040 (9/16/2018), 
173-400-050 (9/16/2018), 173-400-060 (11/25/2018), 173-400-105 (11/25/
2018), 173-400-110 (12/29/2012), 173-400-111 (07/01/2016), 173-400-112 
(12/29/2012), 173-400-113 (12/29/2012), 173-400-117 (12/29/2012), 173-
400-118 (12/29/2012), 173-400-131 (4/1/2011), 173-400-136 (4/1/2011), 
173-400-151 (2/10/2005), 173-400-171 (9/16/2018), 173-400-200 (2/10/
2005), 173-400-560 (12/29/2012), 173-400-800 (4/1/2011), 173-400-810 
(07/01/2016), 173-400-820 (12/29/2012), 173-400-830 (07/01/2016), 173-
400-840 (07/01/2016), 173-400-850 (07/01/2016), and 173-400-860 (4/1/
2011).
    Please see the amendatory text for more detailed information about 
the provisions submitted and approved in this action, including local 
agency corollaries which replace certain Chapter 173-400 WAC provisions 
and exclusions to our approval.

B. Approved But Not Incorporated by Reference Regulations

    In addition to the regulations approved and incorporated by 
reference described in section III.A. of this preamble, 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. Therefore, we are approving the 
following updates to YRCAA's general provisions for inclusion in 40 CFR 
52.2470(e), Table 1--Approved but Not Incorporated by Reference 
Regulations: YRCAA Regulation 1, sections 1.05, 2.01, 2.02, 2.05, 5.01, 
5.02, and 5.03.

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 
discussed in the proposal for this action, we are removing former 
section 1.03 which was replaced by Appendix A; former section 2.03 
which was replaced by the provisions of section 1.07; former section 
2.04 which was replaced by the provisions of section 1.06; former 
section 5.10 which was repealed effective May 1, 2000; former section 
5.12 which was replaced by section 3.08 and WAC 173-400-040; former 
sections 13.01, 13.02, and 13.03 which were replaced by the provisions 
of section 2.02; former section 12.01 which was replaced by section 
2.03 and is not a required SIP element; and former sections 3.11, 4.02, 
4.03, 5.06, 5.07, 5.08, and 5.11, for which YRCAA is now relying on 
Chapter 173-400 WAC. We are also removing 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 approved in 40 CFR 52.2470(e), Table 1--Approved But Not 
Incorporated By Reference Regulations. We are removing from the SIP 
Chapter 173-400 WAC provisions approved by the EPA on June 2, 1995 (60 
FR 28726) that we are replacing with the local agency corollaries. 
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 revision to the SIP applies specifically to the YRCAA 
jurisdiction incorporated into the SIP at 40 CFR 52.2470(c), Table 10. 
As discussed in our proposal, local air agency jurisdiction in 
Washington is generally defined on a geographic basis; however, there 
are exceptions. By statute, YRCAA does not have authority for sources 
under the jurisdiction of the Energy Facilities Site Evaluation Council 
(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 state-wide under 40 CFR 
52.2470(c), Tables 2 and 3.
    Jurisdiction to implement the visibility permitting program 
contained in WAC 173-400-117 varies depending on the situation. Ecology 
and EFSEC retain authority to implement WAC 173-400-117 as it relates 
to PSD permits. However, for facilities subject to major nonattainment 
new source review (NSR) under the applicability provisions of WAC 173-
400-800, we are approving YRCAA's implementation of those parts of WAC 
173-400-117 as they relate to major nonattainment NSR permits.\2\ 
Therefore, we are modifying 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.
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    \2\ This approval is with respect to the current area 
designations and classifications in the YRCAA jurisdiction only. New 
nonattainment designations trigger nonattainment NSR SIP revisions, 
among other area planning requirements.
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    Lastly, this SIP revision is not approved to apply on any Indian 
reservation land within Yakima 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 rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, we are finalizing the incorporation

[[Page 41068]]

by reference of certain provisions as described in section III.A. and 
removing provisions from the SIP as described in section III.C. of this 
preamble. The EPA has made, and will continue to make, materials 
incorporated by reference 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). Therefore, these materials have 
been approved by the EPA for inclusion in the SIP, have been 
incorporated by reference by the EPA into that plan, are fully 
federally-enforceable under sections 110 and 113 of the CAA as of the 
effective date of the final rule of the EPA's approval, and will be 
incorporated by reference in the next update to the SIP compilation.\3\
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    \3\ 62 FR 27968 (May 22, 1997).
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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 CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, the EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
final 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 final 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 application of those requirements would be inconsistent 
with the CAA; 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).
    This SIP revision is not approved to apply on any Indian 
reservation land within Yakima 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. 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). 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.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. The EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by September 9, 2022. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. This action may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Sulfur 
oxides, Volatile organic compounds.

    Dated: June 28, 2022.
Casey Sixkiller,
Regional Administrator, Region 10.

    For the reasons set forth in the preamble, 40 CFR part 52 is 
amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart WW--Washington

0
2. In Sec.  52.2470 amend:
0
a. Paragraph (c) by revising ``Table 10''; and
0
b. Paragraph (e) by adding a new heading for ``Yakima Regional Clean 
Air Agency Regulations'' and adding new entries ``1.05'', ``2.01'', 
``2.02'', ``2.05'', ``5.01'', ``5.02'', and ``5.03'' at the end of 
Table 1.
    The additions and revisions read as follows:


Sec.  52.2470  Identification of plan.

* * * * *
    (c) * * *

[[Page 41069]]



     Table 10--Additional Regulations Approved for the Yakima Regional Clean Air Agency (YRCAA) Jurisdiction
 [Applicable in Yakima county, excluding facilities subject to Energy Facilities Site Evaluation Council (EFSEC)
  jurisdiction; facilities subject to the Washington Department of Ecology's direct jurisdiction under Chapters
  173-405, 173-410, and 173-415 Washington Administrative Code (WAC); Indian reservations; any other area where
  the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction; and the Prevention of Significant
     Deterioration (PSD) permitting of facilities subject to the applicability sections of WAC 173-400-700.]
----------------------------------------------------------------------------------------------------------------
                                                     State/local
   State/local citation         Title/subject      effective date    EPA approval date         Explanations
----------------------------------------------------------------------------------------------------------------
                                  Yakima Regional Clean Air Agency Regulations
                                  Article 1--General Administrative Provisions
----------------------------------------------------------------------------------------------------------------
1.01.....................  Name of Agency........        11/09/20  7/11/22, [INSERT
                                                                    FEDERAL REGISTER
                                                                    CITATION].
1.02.....................  Short Title...........        11/09/20  7/11/22, [INSERT
                                                                    FEDERAL REGISTER
                                                                    CITATION].
1.03.....................  Policy................        11/09/20  7/11/22, [INSERT       Except sub-section H.
                                                                    FEDERAL REGISTER       Replaces WAC 173-400-
                                                                    CITATION].             010.
1.04.....................  Applicability.........        11/09/20  7/11/22, [INSERT
                                                                    FEDERAL REGISTER
                                                                    CITATION].
1.06.....................  Records...............        11/09/20  7/11/22, [INSERT       Replaces WAC 173-400-
                                                                    FEDERAL REGISTER       175.
                                                                    CITATION].
1.07.....................  General Provisions....        11/09/20  7/11/22, [INSERT       Replaces WAC 173-400-
                                                                    FEDERAL REGISTER       105(6) & (8).
                                                                    CITATION].
----------------------------------------------------------------------------------------------------------------
                                         Article 2--General Regulations
----------------------------------------------------------------------------------------------------------------
2.04.....................  Public Participation          11/09/20  7/11/22, [INSERT
                            in Permitting.                          FEDERAL REGISTER
                                                                    CITATION].
----------------------------------------------------------------------------------------------------------------
                                                Article 3--Rules
----------------------------------------------------------------------------------------------------------------
3.01.....................  General Rules.........        11/09/20  7/11/22, [INSERT       Except sub-section D.
                                                                    FEDERAL REGISTER
                                                                    CITATION].
3.04.....................  Wood Heaters..........        11/09/20  1/24/22, 87 FR 3435..
3.05.....................  Burn Bans.............        11/09/20  1/24/22, 87 FR 3435..
3.08.....................  Specific Dust Controls        11/09/20  7/11/22, [INSERT       Except sub-sections
                                                                    FEDERAL REGISTER       3.08(A)(3)(b) and
                                                                    CITATION].             3.08(B)(3).
----------------------------------------------------------------------------------------------------------------

[[Page 41070]]

 
                                       Article 4--Permits and Registration
----------------------------------------------------------------------------------------------------------------
4.01.....................  Registration Program..        11/09/20  7/11/22, [INSERT       Excluding any
                                                                    FEDERAL REGISTER       provisions related to
                                                                    CITATION].             the regulation of
                                                                                           Toxic Air Pollutants.
4.03.....................  Voluntary Limits on           11/09/20  7/11/22, [INSERT       Replaces WAC 173-400-
                            Emissions.                              FEDERAL REGISTER       091 (state effective
                                                                    CITATION].             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 the
                                                                                           Federal Register of
                                                                                           June 2, 1995).
----------------------------------------------------------------------------------------------------------------
                            Article V--Emissions Standards and Preventative Measures
----------------------------------------------------------------------------------------------------------------
5.01.....................  Outdoor Burning.......        12/15/95  2/2/98, 63 FR 5269...  Subsections 5.01-5.05
                                                                                           (state effective 12/
                                                                                           15/95) were
                                                                                           subsequently
                                                                                           consolidated and
                                                                                           renumbered to
                                                                                           subsection 3.03 which
                                                                                           will be addressed in
                                                                                           a separate action.
5.02.....................  Regulations Applicable        12/15/95  2/2/98, 63 FR 5269...  Subsections 5.01-5.05
                            to all Outdoor                                                 (state effective 12/
                            Burning.                                                       15/95) were
                                                                                           subsequently
                                                                                           consolidated and
                                                                                           renumbered to
                                                                                           subsection 3.03 which
                                                                                           will be addressed in
                                                                                           a separate action.
5.03.....................  Regulations Applicable        12/15/95  2/2/98, 63 FR 5269...  Subsections 5.01-5.05
                            to all Outdoor                                                 (state effective 12/
                            Burning within                                                 15/95) were
                            Jurisdiction of the                                            subsequently
                            Yakima County Clean                                            consolidated and
                            Air Authority, Local                                           renumbered to
                            Cities, Towns, Fire                                            subsection 3.03 which
                            Protection Districts                                           will be addressed in
                            and Conservation                                               a separate action.
                            Districts.
5.04.....................  Regulations Applicable        12/15/95  2/2/98, 63 FR 5269...  Subsections 5.01-5.05
                            to Permits Issued by                                           (state effective 12/
                            the Yakima County                                              15/95) were
                            Clean Air Authority                                            subsequently
                            for all Other Outdoor                                          consolidated and
                            Burning.                                                       renumbered to
                                                                                           subsection 3.03 which
                                                                                           will be addressed in
                                                                                           a separate action.
5.05.....................  Additional                    12/15/95  2/2/98, 63 FR 5269...  Subsections 5.01-5.05
                            Restrictions on                                                (state effective 12/
                            Outdoor Burning.                                               15/95) were
                                                                                           subsequently
                                                                                           consolidated and
                                                                                           renumbered to
                                                                                           subsection 3.03 which
                                                                                           will be addressed in
                                                                                           a separate action.
----------------------------------------------------------------------------------------------------------------
                                                   Appendices
----------------------------------------------------------------------------------------------------------------
Appendix A...............  Definitions of Words          11/09/20  7/11/22, [INSERT
                            and Phrases.                            FEDERAL REGISTER
                                                                    CITATION].
Appendix B...............  Definitions of                11/09/20  7/11/22, [INSERT
                            Acronyms and                            FEDERAL REGISTER
                            Abbreviations.                          CITATION].
----------------------------------------------------------------------------------------------------------------
                                  Washington Department of Ecology Regulations
         Washington Administrative Code, Chapter 173-400--General Regulations for Air Pollution Sources
----------------------------------------------------------------------------------------------------------------
173-400-020..............  Applicability.........        12/29/12  7/11/22, [INSERT
                                                                    FEDERAL REGISTER
                                                                    CITATION].
173-400-025..............  Adoption of Federal            9/16/18  7/11/22, [INSERT
                            Rules.                                  FEDERAL REGISTER
                                                                    CITATION].

[[Page 41071]]

 
173-400-030(24)..........  Definitions...........         3/22/91  6/2/95, 60 FR 28726..
173-400-030..............  Definitions...........         9/16/18  7/11/22, [INSERT       Except: 173-400-
                                                                    FEDERAL REGISTER       030(6); 173-400-
                                                                    CITATION].             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  7/11/22, [INSERT
                            Sources.                                FEDERAL REGISTER
                                                                    CITATION].
173-400-040(1)(a) & (b)..  General Standards for          3/22/91  6/2/95, 60 FR 28726..  Subsections 173-400-
                            Maximum Emissions.                                             040(1)(a)&(b) (state
                                                                                           effective 3/22/91)
                                                                                           were subsequently
                                                                                           revised and
                                                                                           renumbered to
                                                                                           subsection 173-400-
                                                                                           040(2) which will be
                                                                                           addressed in a
                                                                                           separate action.
173-400-040..............  General Standards for          9/16/18  7/11/22, [INSERT       Except: 173-400-
                            Maximum Emissions.                      FEDERAL REGISTER       040(2); 173-400-
                                                                    CITATION].             040(3); 173-400-
                                                                                           040(5);
173-400-050..............  Emission Standards for         9/16/18  7/11/22, [INSERT       Except: 173-400-
                            Combustion and                          FEDERAL REGISTER       050(2); 173-400-
                            Incineration Units.                     CITATION].             050(4); 173-400-
                                                                                           050(5); 173-400-
                                                                                           050(6).
173-400-060..............  Emission Standards for        11/25/18  7/11/22, [INSERT
                            General Process Units.                  FEDERAL REGISTER
                                                                    CITATION].
173-400-070..............  Emission Standards for         3/22/91  6/2/95, 60 FR 28726..  Except (7).
                            Certain Source
                            Categories.
173-400-081..............  Startup and Shutdown..         9/20/93  6/2/95, 60 FR 28726..
173-400-105..............  Records, Monitoring           11/25/18  7/11/22, [INSERT       Except 173-400-105(6)
                            and Reporting.                          FEDERAL REGISTER       & (8).
                                                                    CITATION].
173-400-107..............  Excess Emissions......         9/20/93  6/2/95, 60 FR 28726..
173-400-110..............  New Source Review             12/29/12  7/11/22, [INSERT       Except: 173-400-
                            (NSR) for Sources and                   FEDERAL REGISTER       110(1)(c)(ii)(C); 173-
                            Portable Sources.                       CITATION].             400-110(1)(e); 173-
                                                                                           400-110(2)(d); The
                                                                                           part of WAC 173-400-
                                                                                           110(4)(b)(vi) that
                                                                                           says,
                                                                                           ``not for use
                                                                                           with materials
                                                                                           containing toxic air
                                                                                           pollutants, as listed
                                                                                           in chapter 173-460
                                                                                           WAC,''; The part of
                                                                                           400-110 (4)(e)(iii)
                                                                                           that says,
                                                                                              ``where
                                                                                              toxic air
                                                                                              pollutants as
                                                                                              defined in chapter
                                                                                              173-460 WAC are
                                                                                              not emitted''; The
                                                                                              part of 400-
                                                                                              110(4)(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,

[[Page 41072]]

 
                                                                                              ``or <=1%
                                                                                              (by weight) toxic
                                                                                              air pollutants'';
                                                                                              The part of 400-
                                                                                              110(4)(h)(xxxvi)
                                                                                              that says,
                                                                                              ``or <=1%
                                                                                              (by weight) toxic
                                                                                              air pollutants as
                                                                                              listed in chapter
                                                                                              173-460 WAC''; 400-
                                                                                              110(4)(h)(xl),
                                                                                              second sentence;
                                                                                              The last row of
                                                                                              the table in 173-
                                                                                              400-110(5)(b)
                                                                                              regarding
                                                                                              exemption levels
                                                                                              for Toxic Air
                                                                                              Pollutants.
173-400-111..............  Processing Notice of          07/01/16  7/11/22, [INSERT       Except: 173-400-
                            Construction                            FEDERAL REGISTER       111(3)(h); The part
                            Applications for                        CITATION].             of 173-400-
                            Sources, Stationary.                                           111(8)(a)(v) that
                                                                                           says,
                                                                                           ``and 173-460-
                                                                                           040,''; 173-400-
                                                                                           111(9).
173-400-112..............  Requirements for New          12/29/12  7/11/22, [INSERT
                            Sources in                              FEDERAL REGISTER
                            Nonattainment Areas--                   CITATION].
                            Review for Compliance
                            with Regulations.
173-400-113..............  New Sources in                12/29/12  7/11/22, [INSERT       Except: 173-400-
                            Attainment or                           FEDERAL REGISTER       113(3), second
                            Unclassifiable Areas--                  CITATION].             sentence.
                            Review for Compliance
                            with Regulations.
173-400-117..............  Special Protection            12/29/12  7/11/22, [INSERT
                            Requirements for                        FEDERAL REGISTER
                            Federal Class I Areas.                  CITATION].
173-400-118..............  Designation of Class          12/29/12  7/11/22, [INSERT
                            I, II, and III Areas.                   FEDERAL REGISTER
                                                                    CITATION].
173-400-131..............  Issuance of Emission            4/1/11  7/11/22, [INSERT
                            Reduction Credits.                      FEDERAL REGISTER
                                                                    CITATION].
173-400-136..............  Use of Emission               12/29/12  7/11/22, [INSERT
                            Reduction Credits                       FEDERAL REGISTER
                            (ERC).                                  CITATION].
173-400-151..............  Retrofit Requirements          2/10/05  7/11/22, [INSERT
                            for Visibility                          FEDERAL REGISTER
                            Protection.                             CITATION].
173-400-161..............  Compliance Schedules..         3/22/91  6/2/95, 60 FR 28726..
173-400-171..............  Public Notice and              9/16/18  7/11/22, [INSERT       Except: The part of
                            Opportunity for                         FEDERAL REGISTER       173-400-171(3)(b)
                            Public Comment.                         CITATION].             that says,
                                                                                           ``or any
                                                                                           increase in emissions
                                                                                           of a toxic air
                                                                                           pollutant above the
                                                                                           acceptable source
                                                                                           impact level for that
                                                                                           toxic air pollutant
                                                                                           as regulated under
                                                                                           chapter 173-460
                                                                                           WAC''; 173-400-
                                                                                           171(3)(o); 173-400-
                                                                                           171(12).
173-400-190..............  Requirements for               3/22/91  6/2/95, 60 FR 28726..
                            Nonattainment Areas.
173-400-200..............  Creditable Stack               2/10/05  7/11/22, [INSERT
                            Height and Dispersion                   FEDERAL REGISTER
                            Techniques.                             CITATION].
173-400-205..............  Adjustment for                 3/22/91  6/2/95, 60 FR 28726..
                            Atmospheric
                            Conditions.

[[Page 41073]]

 
173-400-210..............  Emission Requirements          3/22/91  6/2/95, 60 FR 28726..
                            of Prior
                            Jurisdictions.
173-400-560..............  General Order of              12/29/12  7/11/22, [INSERT       Except: The part of
                            Approval.                               FEDERAL REGISTER       173-400-560(1)(f)
                                                                    CITATION].             that says, ``173-460
                                                                                           WAC''.
173-400-800..............  Major Stationary                4/1/11  7/11/22, [INSERT       EPA did not review WAC
                            Source and Major                        FEDERAL REGISTER       173-400-800 through
                            Modification in a                       CITATION].             860 for consistency
                            Nonattainment Area.                                            with the 2016 PM2.5
                                                                                           implementation rule
                                                                                           (see the Federal
                                                                                           Register of August
                                                                                           24, 2016); 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                7/1/16  7/11/22, [INSERT
                            Source and Major                        FEDERAL REGISTER
                            Modification                            CITATION].
                            Definitions.
173-400-820..............  Determining if a New          12/29/12  7/11/22, [INSERT
                            Stationary Source or                    FEDERAL REGISTER
                            Modification to a                       CITATION].
                            Stationary Source is
                            Subject to these
                            Requirements.
173-400-830..............  Permitting                      7/1/16  7/11/22, [INSERT
                            Requirements.                           FEDERAL REGISTER
                                                                    CITATION].
173-400-840..............  Emission Offset                 7/1/16  7/11/22, [INSERT
                            Requirements.                           FEDERAL REGISTER
                                                                    CITATION].
173-400-850..............  Actual Emissions                7/1/16  7/11/22, [INSERT
                            Plantwide                               FEDERAL REGISTER
                            Applicability                           CITATION].
                            Limitation (PAL).
173-400-860..............  Public Involvement              4/1/11  7/11/22, [INSERT
                            Procedures.                             FEDERAL REGISTER
                                                                    CITATION].
----------------------------------------------------------------------------------------------------------------

* * * * *
    (e) * * *

                         Table 1--Approved But Not Incorporated By Reference Regulations
----------------------------------------------------------------------------------------------------------------
                                                   State/local
  State/local citation        Title/subject      effective date    EPA approval date          Explanations
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                  Yakima Regional Clean Air Agency Regulations
----------------------------------------------------------------------------------------------------------------
1.05....................  Roles and                    11/09/20  7/11/22, [INSERT       ........................
                           Responsibilities.                      FEDERAL REGISTER
                                                                  CITATION].
2.01....................  Authority and                11/09/20  7/11/22, [INSERT       ........................
                           Investigation.                         FEDERAL REGISTER
                                                                  CITATION].
2.02....................  Authority to Collect         11/09/20  7/11/22, [INSERT       ........................
                           Fees.                                  FEDERAL REGISTER
                                                                  CITATION].

[[Page 41074]]

 
2.05....................  Appeals..............        11/09/20  7/11/22, [INSERT       ........................
                                                                  FEDERAL REGISTER
                                                                  CITATION].
5.01....................  General Information..        11/09/20  7/11/22, [INSERT       ........................
                                                                  FEDERAL REGISTER
                                                                  CITATION].
5.02....................  Additional or                11/09/20  7/11/22, [INSERT       ........................
                           Alternative                            FEDERAL REGISTER
                           Enforcement Actions.                   CITATION].
5.03....................  Penalties............        11/09/20  7/11/22, [INSERT       ........................
                                                                  FEDERAL REGISTER
                                                                  CITATION].
----------------------------------------------------------------------------------------------------------------

* * * * *

0
3. Amend Sec.  52.2495 by revising paragraph (a) to read as follows:


Sec.  52.2495   Voluntary limits on potential to emit.

    (a) Terms and conditions of regulatory orders covering regulated 
NSR pollutants (as defined in 40 CFR 52.21(b)), issued pursuant to WAC 
173-400-091 ``Voluntary limits on emissions'' and in accordance with 
the provisions of WAC 173-400-091, WAC 173-400-105 ``Records, 
monitoring, and reporting,'' and WAC 173-400-171 ``Public 
involvement,'' shall be applicable requirements of the Federally-
approved Washington SIP for the purposes of section 113 of the Clean 
Air Act and shall be enforceable by the EPA and by any person in the 
same manner as other requirements of the SIP. Such regulatory orders 
issued pursuant to WAC 173-400-091 are part of the Washington SIP and 
shall be submitted to EPA Region 10 in accordance with the requirements 
of 40 CFR 51.326. This includes any local clean air agency corollary 
approved by the EPA to act in lieu of WAC 173-400-091 or the adoption 
by reference of WAC 173-400-091 by any state or local agency. The EPA-
approved provisions of the WAC are identified in 40 CFR 52.2470(c).
* * * * *

0
4. Amend Sec.  52.2498 by revising paragraph (a)(1) to read as follows:


Sec.  52.2498  Visibility protection.

    (a) * * *
    (1) Sources subject to the jurisdiction of Olympic Region Clean Air 
Agency;
* * * * *
[FR Doc. 2022-14389 Filed 7-8-22; 8:45 am]
BILLING CODE 6560-50-P


