Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Proposed Rules 6413 

Appendix B to Subpart G of Part 42— 

[Reserved] 

Appendix C to Subpart G of Part 42— 

Department Regulations Under Title VI 

of the Civil Rights Act of 1964 (28 CFR 

42.106–42.110) Which Apply to This 

Subpart 

Editorial Note: For the text of appendix C, 

see §§ 42.106 through 42.110 of this part. 

Appendix D to Subpart G of Part 42— 

OJARS’ Regulations Under the 

Omnibus Crime Control and Safe 

Streets Act, as Amended, Which Apply 

to This Subpart (28 CFR 42.205 and 

42.206) 

Editorial Note: For the text of appendix D, 

see §§ 42.205 and 42.206 of this part. 

Dated: January 11, 2017. 

Loretta E. Lynch, 

Attorney General. 

[FR Doc. 2017–01057 Filed 1–18–17; 8:45 am] 

BILLING CODE 4410–13–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2016–0784: FRL–9958–41– 

Region 10] 

Air Plan Approval; Washington: 

General Regulations for Air Pollution 

Sources, Southwest Clean Air Agency 

Jurisdiction 

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 Washington 

Department of Ecology (Ecology) in 

coordination with Southwest Clean Air 

Agency (SWCAA) on December 20, 

2016. In the fall of 2014 and spring of 

2015, the EPA approved numerous 

revisions to Ecology’s general air quality 

regulations. However, our approval of 

the updated Ecology regulations applied 

only to geographic areas where Ecology, 

and not a local air agency, has 

jurisdiction, and statewide to source 

categories over which Ecology has sole 

jurisdiction. Under the Washington 

Clean Air Act, local clean air agencies 

may adopt equally stringent or more 

stringent requirements in lieu of 

Ecology’s general air quality regulations, 

if they so choose. Therefore, the EPA 

stated that we would evaluate the 

general air quality regulations as they 

apply to local jurisdictions in separate, 

future actions. If finalized, this 

proposed action would approve the 

submitted SWCAA general air quality 

regulations to replace or supplement the 

corresponding Ecology regulations for 

sources in SWCAA’s jurisdiction, 

including implementation of the minor 

new source review and nonattainment 

new source review permitting programs. 

This action would also approve a 

limited subset of Ecology regulations, 

for which there are no corresponding 

SWCAA corollaries, to apply in 

SWCAA’s jurisdiction. 

DATES: Written comments must be 

received on or before February 21, 2017. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R10– 

OAR–2016–0784 at http://

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 

http://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: Jeff 

Hunt at (206) 553–0256, or hunt.jeff@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it is 

intended to refer to the EPA. 

Table of Contents 

I. Background for Proposed Action 

II. Washington SIP Revisions 

A. SWCAA 400–010 Policy and Purpose 

B. SWCAA 400–020 Applicability 

C. SWCAA 400–030 Definitions 

D. SWCAA 400–036 Portable Sources 

From Other Washington Jurisdictions 

E. SWCAA 400–040 General Standards 

for Maximum Emissions 

F. SWCAA 400–050 Emission Standards 

for Combustion and Incineration Units 

G. SWCAA 400–052 Stack Sampling of 

Major Combustion Sources 

H. SWCAA 400–060 Emission Standards 

for General Process Units 

I. SWCAA 400–070 General 

Requirements for Certain Source 

Categories 

J. SWCAA 400–072 Small Unit 

Notification for Selected Source 

Categories 

K. SWCAA 400–074 Gasoline Transport 

Tanker Registration 

L. SWCAA 400–081 Startup and 

Shutdown 

M. SWCAA 400–091 Voluntary Limits on 

Emissions 

N. SWCAA 400–100 Registration 

Requirements and SWCAA 400–101 

Emission Units Exempt From 

Registration Requirements 

O. SWCAA 400–105 Records, Monitoring 

and Reporting 

P. SWCAA 400–106 Emission Testing 

and Monitoring at Air Contaminant 

Sources 

Q. SWCAA 400–109 Air Discharge Permit 

Applications 

R. SWCAA 400–110 Application Review 

Process for Stationary Sources (New 

Source Review); SWCAA 400–111 

Requirements for New Sources in a 

Maintenance Plan Area; SWCAA 400– 

112 Requirements for New Sources in 

Nonattainment Areas; and SWCAA 400– 

113 Requirements for New Sources in 

Attainment or Nonclassifiable Areas 

S. SWCAA 400–114 Requirements for 

Replacement or Substantial Alteration of 

Emission Control Technology at an 

Existing Stationary Source 

T. SWCAA 400–116 Maintenance of 

Equipment 

U. SWCAA 400–130 Use of Emission 

Reduction Credits; SWCAA 400–131 

Deposit of Emission Reduction Credits 

Into Bank; and SWCAA 400–136 

Maintenance of Emission Reduction 

Credits in Bank 

V. SWCAA 400–151 Retrofit 

Requirements for Visibility Protection 

and SWCAA 400–161 Compliance 

Schedules 

W. SWCAA 400–171 Public Involvement 

X. SWCAA 400–190 Requirements for 

Nonattainment Areas; SWCAA 400–200 

Vertical Dispersion Requirement, 

Creditable Stack Height and Dispersion 

Techniques; SWCAA 400–205 

Adjustment for Atmospheric Conditions; 

and SWCAA 400–210 Emission 

Requirements of Prior Jurisdictions 

Y. SWCAA 400–220 Requirements for 

Board Members; SWCAA 400–230 

Regulatory Actions and Civil Penalties; 

SWCAA 400–240 Criminal Penalties; 

SWCAA 400–250 Appeals; SWCAA 

400–260 Conflict of Interest; SWCAA 

400–270 Confidentiality of Records and 

Information; and SWCAA 400–280

Powers of Agency 

Z. SWCAA 400–800 Major Stationary 

Source and Major Modification in a 

Nonattainment Area; SWCAA 400–810 

Major Stationary Source and Major 

Modification Definitions; SWCAA 400– 

820 Determining if a New Stationary 


asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
6414 Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Proposed Rules 

Source or Modification to a Stationary 

Source is Subject to These Requirements; 

SWCAA 400–830 Permitting 

Requirements; SWCAA 400–840 

Emission Offset Requirements; SWCAA 

400–850 Actual Emissions—Plantwide 

Applicability Limitation (PAL); SWCAA 

400–860 Public Involvement 

Procedures 

AA. WAC 173–400–117 Special 

Protection Requirements for Federal 

Class I Areas; WAC 173–400–118

Designation of Class I, II, and III Areas; 

and WAC 173–400–560 General Order 

of Approval 

BB. Appendix A—SWCAA Method 9, 

Visual Opacity Determination Method 

III. The EPA’s Proposed Action 

A. Regulations To Approve and 

Incorporate by Reference Into the SIP 

B. Regulations To Approve but Not 

Incorporate by Reference 

C. Regulations To Remove From the SIP 

D. Scope of Proposed Action 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. Background for Proposed Action 

On January 27, 2014, Ecology 

submitted revisions to update the 

general air quality regulations contained 

in Chapter 173–400 of the Washington 

Administrative Code (WAC), which the 

EPA approved in three phases on 

October 3, 2014 (79 FR 59653), 

November 7, 2014 (79 FR 66291), and 

April 29, 2015 (80 FR 23721). Because 

the Washington Clean Air Act allows 

local clean air agencies to adopt equally 

stringent or more stringent standards 

than the State regulations contained in 

Chapter 173–400 WAC, 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 applicability 

of Chapter 173–400 WAC in local clean 

air agency jurisdictions on a case-bycase basis in separate, future actions. 

II. Washington SIP Revisions 

On December 20, 2016, the Director of 

Ecology, as the Governor’s designee for 

SIP revisions, submitted a request to 

update the general air quality 

regulations as they apply to the 

jurisdiction of SWCAA. SWCAA’s 

jurisdiction consists of Clark, Cowlitz, 

Lewis, Skamania and Wahkiakum 

counties, excluding facilities subject to 

Energy Facility Site Evaluation Council 

(EFSEC) jurisdiction, Indian 

reservations and any other area where 

the EPA or an Indian tribe has 

demonstrated that a tribe has 

jurisdiction, and facilities subject to the 

applicability sections of 173–405–012, 

173–410–012, and 173–415–012, as 

discussed in Section III.C. Scope of 

Proposed Action. Appendices A and B 

of the SIP revision, included in the 

docket for this action, show the SWCAA 

400 General Regulations for Air 

Pollution Sources submitted for 

approval to apply in lieu of Chapter 

173–400 WAC for sources within 

SWCAA’s jurisdiction. The regulations 

contained in SWCAA 400 generally 

mirror the Ecology corollaries contained 

in WAC 173–400, with minor 

adaptations to address local priorities 

and local air pollution concerns. A 

summary of the provisions is provided 

below. 

A. SWCAA 400–010 Policy and 

Purpose 

Aside from the name change 

‘‘Southwest Air Pollution Control 

Authority’’ to ‘‘Southwest Clean Air 

Agency’’ this section remains 

unmodified since the EPA’s last 

approval (62 FR 8624, February 26, 

1997). The EPA reviewed SWCAA 400– 

010 and is proposing to approve this 

provision to apply in lieu of WAC 173– 

400–010 within SWCAA’s jurisdiction. 

B. SWCAA 400–020 Applicability 

The EPA’s October 3, 2014 approval 

of the Ecology regulations included a 

revised version of WAC 173–400–020 

which clarified that local clean air 

agencies have the option to implement 

equally stringent or more stringent 

corollaries to apply in lieu of Chapter 

173–400 WAC, or parts of Chapter 173– 

400 WAC, for sources within its 

jurisdiction. SWCAA added 400–020(2) 

to reflect this revision of WAC 173–400– 

020. Specifically, SWCAA 400–020(2) 

states, ‘‘The Agency implements and 

enforces the Washington Administrative 

Code as adopted by Ecology in Title 173 

under Chapter 70.94 RCW, except where 

the Agency has adopted corresponding 

provisions. Agency adopted provisions 

apply in lieu of the corresponding WAC 

provisions.’’ SWCAA 400–020(2) also 

clarifies that SWCAA has chosen not to 

adopt WAC 173–400–930, which 

provides an optional, alternative means 

of satisfying new source review 

permitting requirements for emergency 

engines in jurisdictions that choose to 

adopt this provision. As discussed later 

in this preamble, SWCAA 400–072 

Small Unit Notification for Selected 

Source Categories does contain 

alternative means of satisfying new 

source review requirements for some 

emergency service internal combustion 

engines. However, SWCAA 400–072 

covers only a subset of the equipment 

addressed by WAC 173–400–930, and is 

not intended by SWCAA to be a 

corollary to apply in lieu of WAC 173– 

400–930. All other applicability 

provisions of SWCAA 400–020 remain 

unchanged since the EPA’s last approval 

on February 26, 1997. The EPA 

reviewed SWCAA 400–020 and is 

proposing to approve this provision to 

apply in lieu of WAC 173–400–020 

within SWCAA’s jurisdiction. 

C. SWCAA 400–030 Definitions 

The majority of definitions contained 

in SWCAA 400–030 are adapted or 

copied verbatim from the definitions 

contained in WAC 173–400–030, as 

approved by the EPA in October 3, 

2014. A notable exception is SWCAA 

400–030(4) ‘‘Air contaminant’’ or ‘‘air 

pollutant.’’ In SWCAA 400–030(4), the 

agency clarifies that for the purposes of 

regulation under the Washington SIP, 

air contaminant means only, ‘‘(a) Those 

air contaminants for which the EPA has 

established National Ambient Air 

Quality Standards (NAAQS) and 

precursors to such NAAQS pollutants as 

determined by EPA for the applicable 

geographic area; and (b) Any additional 

air contaminants that are required to be 

regulated under Part C of Title I of the 

Federal Clean Air Act (CAA), but only 

for the purpose of meeting the 

requirements of Part C or to the extent 

those additional air contaminants are 

regulated in order to avoid such 

requirements.’’ This clarification is 

consistent with the EPA’s interpretation 

of section 110 of the CAA, and the 

EPA’s response to comments in our 

approval of the Chapter 173–400 WAC 

general provisions (79 FR 59653, 

October 3, 2014, at page 59654). 

Similarly, SWCAA is not submitting 

and the EPA is not proposing to approve 

SWCAA 400–030(21) ‘‘Climate Change’’ 

and SWCAA 400–030(129) ‘‘Toxic Air 

Pollutant’’ because they are not related 

to the criteria pollutants regulated under 

title I of the CAA, not essential for 

meeting and maintaining the NAAQS, 

or not related to the requirements for 

SIPs under section 110 of the CAA. The 

remainder of the SWCAA definitions, 

not otherwise adapted from the WAC, 

generally copy or cite to Federal 

definitions or internal SWCAA 

definitions previously approved in other 

sections. With the exception of SWCAA 

400–030(21) and (129), we are 

proposing to approve SWCAA 400–030 

to apply in lieu of WAC 173–400–030 

within SWCAA’s jurisdiction. 

D. SWCAA 400–036 Portable Sources 

From Other Washington Jurisdictions 

The EPA’s October 3, 2014 approval 

included Ecology’s regulations in WAC 

173–400–036. WAC 173–400–036 

allows portable sources to relocate and 

operate in any other clean air agency 

jurisdiction within the State, without 

obtaining a site-specific or permitting 


asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Proposed Rules 6415 

agency-specific order of approval, if the 

permitting authority in the destination 

jurisdiction has adopted this provision. 

Under WAC 173–400–036, before a 

source can move it must: Already have 

an approved notice of construction 

order identifying the emission units as 

a portable source; submit a relocation 

notice and a copy of the applicable 

portable source order of approval to the 

permitting agency with jurisdiction over 

the intended operation location a 

minimum of fifteen calendar days before 

the portable source begins operation at 

the new location; submit the emissions 

inventory required under WAC 173– 

400–105 to each permitting agency in 

whose jurisdiction the portable source 

operated during the preceding year; and 

limit operations to one year or less. A 

source moving into a nonattainment 

area that emits a pollutant or precursor 

for which the area is classified as 

nonattainment must obtain a sitespecific order of approval and may not 

rely on this provision. Major stationary 

sources must comply with all otherwise 

applicable Prevention of Significant 

Deterioration (PSD) requirements. 

SWCAA 400–036 generally follows the 

language of WAC 173–400–036 with 

minor revisions to reflect the SWCAAspecific permitting and emissions 

inventory regulations. The EPA also 

notes that portable sources that move 

within SWCAA’s jurisdiction are 

regulated under the new source review 

requirements of SWCAA 400–110(6), 

which is a minor difference from the 

process used under the WAC. We 

believe these minor differences do not 

affect approvability. The EPA reviewed 

SWCAA 400–036 and we are proposing 

to approve this provision to apply in 

lieu of WAC 173–400–036 within 

SWCAA’s jurisdiction. 

E. SWCAA 400–040 General Standards 

for Maximum Emissions 

SWCAA 400–040 generally follows 

the language of WAC 173–400–040, 

with minor changes to reflect SWCAA’s 

regulatory structure or to improve 

clarity. SWCAA submitted revisions to 

the introductory paragraph of 400–040 

and sections (1)(b), (1)(e), (3), (5), (6), 

(7), and (8) for approval into the SIP. 

Other regulatory provisions contained 

in SWCAA 400–040 were not submitted 

and SWCAA is not requesting revision 

of these provisions in the SIP at this 

time. 

The revised regulations in sections 

(1)(b), (1)(e), (3), (5), (6), (7), and (8) set 

out general requirements for reasonably 

available control technology (RACT), 

visible emissions, fugitive emissions, 

sulfur dioxide concentrations, and dust 

control. These general requirements 

apply to all sources and emission units, 

unless applicable emission unit-specific 

standards are contained in another 

section of the regulations. Because the 

submitted SWCAA 400–040 regulatory 

text is consistent with our October 2014 

approval of the corresponding WAC 

173–400–040 provisions, we are 

proposing to approve the introductory 

paragraph of SWCAA 400–040 and 

sections (1)(b), (1)(e), (3), (5), (6), (7), 

and (8) to apply in lieu of WAC 173– 

400–040 within SWCAA’s jurisdiction. 

F. SWCAA 400–050 Emission 

Standards for Combustion and 

Incineration Units 

SWCAA 400–050 is similar in format 

and content to WAC 173–400–050 

Emission Standards for Combustion and 

Incineration Units, with changes to 

reflect SWCAA’s regulatory structure or 

local pollution concerns, or to improve 

clarity. SWCAA 400–050(1) provides 

particulate matter emission standards 

that are nearly identical to WAC 173– 

400–050(1), which the EPA approved in 

our October 3, 2014 action. SWCAA 

400–050(2) adds a fuel oil sulfur content 

limit that is not present in WAC 173– 

400–050. The December 20, 2016 

submittal explains that this sulfur 

content limit became effective January 

1, 2013, and is consistent with Best 

Available Control Technology (BACT) 

limits that have routinely been 

incorporated into SWCAA air discharge 

permits for combustion sources in 

recent years. SWCAA 400–050(4) 

provides criteria for modifying the 

default oxygen correction factor when 

appropriate, such as where the source is 

also subject to a New Source 

Performance Standard (NSPS) and that 

standard has a different oxygen 

correction factor. This mirrors the 

corresponding EPA-approved provision 

in WAC 173–400–050(3). The EPA is 

therefore proposing approval of SWCAA 

400–050(1), (2), and (4) to apply in lieu 

of the corresponding provisions of WAC 

173–400–050 within SWCAA’s 

jurisdiction. 

Consistent with the EPA’s October 

2014 final action on WAC 173–400–050, 

SWCAA is not submitting and the EPA 

is not proposing to approve, certain 

provisions in SWCAA 400–050 which 

do not regulate criteria pollutants 

covered under title I of the CAA, are not 

essential for meeting and maintaining 

the NAAQS, and are not required for 

SIPs under section 110 of the CAA. 

Specifically, SWCAA requested that the 

EPA remove SWCAA 400–050(3) from 

the SIP. This subsection, which 

regulates total carbonyls from 

incineration units, corresponds to WAC 

173–400–050(2). In the EPA’s October 

2014 final action we removed WAC 

173–400–050(2) from the SIP, stating 

that total carbonyls are not a criteria air 

pollutant or an EPA designated 

precursor to criteria pollutants, and are 

not appropriate for inclusion in a SIP. 

Similarly, SWCAA is not submitting, 

and the EPA is not proposing to 

approve, SWCAA 400–050(5) and (6), 

which are emission guidelines for 

commercial, industrial, and small 

municipal waste combustion units 

regulated under section 111 of the CAA 

which are not related to section 110 of 

the CAA and not appropriate for 

approval into the SIP. 

G. SWCAA 400–052 Stack Sampling of 

Major Combustion Sources 

Ecology first submitted SWCAA 400– 

052 for incorporation into the SIP in 

1994. The intent was to establish a 

regime of emission testing for large 

combustion sources that predated the 

establishment of SWCAA and had not 

undergone new source review. In the 

December 20, 2016 submittal, SWCAA 

explains that all major sources that 

would otherwise be subject to this 

provision already have periodic testing 

requirements established via new source 

review and/or compliance assurance 

monitoring imposed under the Air 

Operating Permit (AOP) program. For 

this reason, SWCAA requested that the 

EPA remove SWCAA 400–052 from the 

SIP. The EPA reviewed SWCAA’s 

demonstration that removal of this 

provision would not interfere with any 

applicable requirement concerning 

attainment and reasonable further 

progress, or any other applicable 

requirement of section 110 of the CAA 

and is proposing to remove SWCAA 

400–052 from the SIP. The 

demonstration can be found in the 

docket for this action. 

H. SWCAA 400–060 Emission 

Standards for General Process Units 

SWCAA 400–060 follows the SIPapproved requirements of WAC 173– 

400–060, which stipulate that no person 

shall cause or allow the emission of 

particulate material from any general 

process operation in excess of 0.23 

grams per dry cubic meter at standard 

conditions of exhaust gas. SWCAA 400– 

060 and WAC 173–400–060 use slightly 

different methods to determine 

compliance. WAC 173–400–060 cites 

test methods found in 40 CFR parts 51, 

60, 61 and 63 or contained in Ecology’s 

‘‘Source Test Manual—Procedures for 

Compliance Testing.’’ SWCAA 400–060 

cites test methods from 40 CFR parts 51, 

60, 61 and 63 and any other appropriate 

test procedures approved in advance by 

both SWCAA and the EPA. The EPA has 


asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
6416 Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Proposed Rules 

reviewed this minor difference in rule 

language regarding test methods and is 

proposing to approve SWCAA 400–060 

to apply in lieu of WAC 173–400–060 in 

SWCAA’s jurisdiction. 

I. SWCAA 400–070 General 

Requirements for Certain Source 

Categories 

SWCAA submitted revisions to 

SWCAA 400–070 sections (1), (2)(b), 

(3)(a), (4), (8)(a), (8)(b), (13), (15)(a), 

(15)(b), and (15)(d) for approval into the 

SIP. Other regulatory provisions 

contained in SWCAA 400–070 were not 

submitted and SWCAA is not requesting 

revision of these provisions in the SIP 

at this time. 

SWCAA 400–070, which sets separate 

standards applicable to certain source 

categories, generally follows the 

language of the SIP-approved provisions 

of WAC 173–400–070, with some 

differences. For example, WAC 173– 

400–070(1) sets requirements for the use 

of wigwam burners designed to dispose 

of wood waste; whereas SWCAA 400– 

070(1) banned the use of wigwam or 

equivalent type burners effective 

January 1, 1994. SWCAA 400–070(2)(b) 

and (3)(a) regulate hog fuel boilers and 

orchard heaters, respectively, with 

regulatory text identical to WAC 173– 

400–070(2)(b) and (3)(a). SWCAA 400– 

070 contains no provisions that 

correspond to WAC 173–400–070(4) and 

(6), which regulate grain elevators and 

certain wood waste burners, 

respectively. This has the effect of 

making SWCAA 400–070 more 

stringent, subjecting these source 

categories to all general standards rather 

than providing source category 

exemptions from the general standards. 

SWCAA 400–070(4), which regulates 

catalytic cracking units, corresponds to 

WAC 173–400–070(5). In the December 

20, 2016 submittal, SWCAA notes that 

its jurisdiction has no existing catalytic 

cracking units. Therefore SWCAA 400– 

070(4) focuses exclusively on the new 

source review and BACT requirements 

similar to WAC 173–400–070(5)(b). 

SWCAA 400–070(8), (13), and (15), 

which regulate abrasive blasting, natural 

gas fired water heaters, and outdoor 

wood-fired boilers, have no 

corresponding provisions in WAC 173– 

400–070. Unlike WAC 173–400–070, 

which provides exemptions from the 

general requirements of WAC 173–400– 

040, 173–400–050, and 173–400–060, 

the source category-specific 

requirements of SWCAA 400–070 are in 

addition to any general requirements 

that apply. This has the effect of making 

SWCAA 400–070 more stringent than 

WAC 173–400–070 for these source 

categories. Lastly, the version of 

SWCAA 400–070(6) currently 

incorporated into the SIP requires ‘‘that 

all gasoline dispensing facilities shall 

meet all the provisions of SWAPCA 

400–110(8) and SWAPCA 491 Emission 

Standards and Controls for Sources 

Emitting Gasoline Vapors.’’ Because 

SWCAA 400–070(6) merely points to 

other SIP-approved requirements for 

informational purposes, SWCAA 

requested that the EPA remove SWCAA 

400–070(6) from the SIP. 

The EPA is proposing to approve 

SWCAA 400–070 sections (1), (2)(b), 

(3)(a), (4), (8)(a), (8)(b), (13), (15)(a), 

(15)(b), and (15)(d) to apply in lieu of 

WAC 173–400–070 within SWCAA’s 

jurisdiction. The EPA is also proposing 

to grant SWCAA’s request to remove 

SWCAA 400–070(6) from the SIP 

because removal of this provision would 

not interfere with any applicable 

requirement concerning attainment and 

reasonable further progress, or any other 

applicable requirement of section 110 of 

the CAA. We are also proposing to 

remove SWCAA 400–070(8)(c) [formerly 

400–070(7)(d)] from the SIP because this 

provision related to toxic air pollutants, 

regulated outside the scope of the SIP, 

was inadvertently included in our 

February 26, 1997 approval of SWCAA 

400–070 (62 FR 8624). 

J. SWCAA 400–072 Small Unit 

Notification for Selected Source 

Categories 

SWCAA 400–072 has no 

corresponding provision in the WAC; 

however in many ways it is similar to 

the EPA-approved WAC 173–400–560 

General Orders of Approval. In our 

proposed approval of WAC 173–400– 

560 we explained that this provision 

provides an alternative path to meeting 

minor new source review permit 

obligations for certain new sources 

where the permitting authority had 

considerable experience in issuing 

approvals, where the BACT emission 

controls have not been changing or 

anticipated to change in the near future, 

and the use of BACT emission controls 

will protect the NAAQS (79 FR 39351, 

July 10, 2014, at page 39354) To date, 

Ecology has issued general orders of 

approval under WAC 173–400–560 for 

dairy anaerobic digesters, concrete batch 

plants, gas-powered emergency electric 

generators, rock crushers, small water 

heaters and steam generating boilers, 

auto body shops, and asphalt plants. 

SWCAA 400–072 covers some of the 

same source categories, but takes a 

different approach. Rather than relying 

on issuance of general orders of 

approval, SWCAA 400–072 sets 

monitoring, emission limit, 

recordkeeping, testing, and reporting 

requirements for certain small scale 

source categories via regulation. 

Included in the December 20, 2016 

submittal, is a demonstration of how 

SWCAA 400–072 provides equivalent or 

better protection than facility-specific 

minor new source review permits. 

SWCAA asserts that certain source 

categories, such as coffee roasters, 

would likely be exempt under the new 

source review permitting thresholds of 

the WAC, making SWCAA 400–072 

more stringent in some cases. The EPA 

reviewed the regulatory requirements of 

SWCAA 400–072 covering coffee 

roasters, small gas fired boilers and 

heaters, emergency service internal 

combustion engines, petroleum dry 

cleaners, and rock crushers. We are 

proposing to determine that SWCAA 

400–072 meets the criteria for approval 

under section 110 of the CAA. We note 

that SWCAA did not submit, and the 

EPA is not proposing to approve the 

specific provisions of SWCAA 400– 

072(5)(a)(ii)(B), (5)(d)(ii)(B), 

(5)(d)(iii)(A), (5)(d)(iii)(B) and all 

reporting requirements related to toxic 

air pollutants, because they are not 

related to the criteria pollutants 

regulated under title I of the CAA, not 

essential for meeting and maintaining 

the NAAQS, not related to the 

requirements for SIPs under section 110 

of the CAA, or contain unbounded 

director discretion provisions not 

appropriate for the SIP. With the 

exceptions noted above, we are 

proposing to approve SWCAA 400–072. 

K. SWCAA 400–074 Gasoline 

Transport Tanker Registration 

SWCAA 400–074, which regulates 

gasoline transport tankers, has no 

corresponding provision in Chapter 

173–400 WAC. Aside from minor 

revisions to address the agency name 

change and readability, SWCAA 400– 

074 remains unchanged since the EPA’s 

last approval on February 26, 1997. As 

part of the December 20, 2016 submittal, 

SWCAA requested that the EPA remove 

SWCAA 400–074(2) from the SIP 

because this agency registration fee 

provision is not a required element for 

SIPs under section 110 of the CAA. The 

EPA is proposing to approve the 

updated text of SWCAA 400–074, 

except for SWCAA 400–074(2), which 

the EPA proposes to remove from the 

SIP. 

L. SWCAA 400–081 Startup and 

Shutdown 

SWCAA 400–081 generally follows 

the language of the EPA-approved WAC 

173–400–081 Startup and Shutdown, 

with minor revisions for readability and 

clarity. These provisions require that the 


asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Proposed Rules 6417 

respective agencies consider any 

physical and operational constraints on 

the ability of a stationary source or 

source category to comply with the 

applicable technology based standard 

during startup or shutdown. Under 

SWCAA 400–081(1) and the 

corresponding provision of WAC 173– 

400–081(4), no provision of SWCAA 

400–081 shall be construed to authorize 

emissions in excess of SIP-approved 

emission standards unless previously 

approved by the EPA as a SIP 

amendment. We reviewed SWCAA 400– 

081 and are proposing to approve this 

provision to apply in lieu of WAC 173– 

400–081 within SWCAA’s jurisdiction. 

M. SWCAA 400–091 Voluntary Limits 

on Emissions 

SWCAA 400–091 generally follows 

the language of WAC 173–400–091, 

which the EPA approved in our October 

3, 2014 final action. These provisions 

authorize the respective agencies to 

issue regulatory orders setting voluntary 

limits on the potential to emit of a 

source, allowing the source to avoid 

applicability of certain major source 

programs such as PSD. SWCAA 400– 

091 contains the same substantive 

requirements of WAC 173–400–091 

with minor revisions to reflect the 

SWCAA regulatory structure and to 

improve clarity. We reviewed SWCAA 

400–091 and are proposing to approve 

this provision to apply in lieu of WAC 

173–400–091 in SWCAA’s jurisdiction. 

We also note that the current SIP 

includes a reference to SWCAA 400–090 

which was renumbered to SWCAA 400– 

091 on September 21, 1995. We are 

proposing to correct this typographical 

error which was inadvertently not 

addressed as part of our prior February 

26, 1997 action. 

N. SWCAA 400–100 Registration 

Requirements and SWCAA 400–101 

Emission Units Exempt From 

Registration Requirements 

In the January 27, 2014 submittal of 

the general air quality regulations, 

Ecology explained that WAC 173–400– 

100 Registration Program was no longer 

a means of determining the applicability 

of Washington’s new source review 

permitting requirements and did not 

impose air pollution control 

requirements on sources or implement 

Federal standards. As described in the 

proposal for our October 3, 2014 final 

action, we removed WAC 173–400–100 

from the SIP for sources under Ecology’s 

direct jurisdiction (79 FR 39351, July 10, 

2014, at page 79 FR 39354). Similarly, 

the December 20, 2016 submittal 

explains that SWCAA revised its 

registration program under SWCAA 

400–100 and 400–101 to disconnect it 

from new source review permitting 

program applicability. Removing it from 

the SIP would therefore be consistent 

with our removal of WAC 173–400–100 

from the SIP. We have reviewed 

SWCAA 400–100 and 400–101 and are 

proposing to grant SWCAA’s request to 

remove these provisions from the SIP 

because removal would not interfere 

with any applicable requirement 

concerning attainment and reasonable 

further progress, or any other applicable 

requirement of CAA section 110. 

O. SWCAA 400–10 Records, 

Monitoring and Reporting 

SWCAA 400–105 generally follows 

WAC 173–400–105, which the EPA 

approved in October 3, 2014 final 

action. It contains the emissions 

inventory, monitoring, reporting, and 

recordkeeping requirements for sources 

under SWCAA’s jurisdiction. SWCAA 

400–105 differs slightly from the WAC 

in applicability, deadlines for reporting, 

list of reportable pollutants, and 

monitoring requirements, but not in a 

substantive way. For example, SWCAA 

400–105 applies to all registered sources 

and sources subject to operating permits 

under title V of the CAA; whereas WAC 

173–400–105 applies to all sources 

receiving notification from the Director 

of Ecology. In practical terms, the scope 

is the same. Similarly, SWCAA’s 

submittal deadline for emissions 

inventory information is March 15th, as 

opposed to the 105th day of the 

calendar year under the WAC. SWCAA 

400–105(1) contains additional 

reportable pollutants than the WAC, 

including toxic air pollutants. As 

previously discussed, SWCAA is not 

submitting and the EPA is not 

approving provisions related to toxic air 

pollutants that are inappropriate for SIP 

approval under section 110 of the CAA. 

With respect to the difference in 

monitoring requirements, SWCAA 400– 

105(4)(e) requires compliance with the 

specifications and reporting 

requirements of 40 CFR part 60, 

Appendices B and F, in addition to the 

specifications and reporting 

requirements of 40 CFR 51, Appendix P, 

Sections 3–5 required under WAC 173– 

400–105(5)(e). SWCAA 400–105(4)(f) 

explicitly contemplates the use of 

continuous process parameter 

monitoring and/or frequent stack testing 

as potential surrogates to continuous 

emission monitoring; whereas WAC 

173–400–105(5)(f) states that alternative 

monitoring and reporting procedures 

‘‘will generally take the form of stack 

tests’’ but allows agency discretion in 

determining other alternatives. In 

practical terms, the requirements are the 

same. We reviewed SWCAA 400–105 

and are proposing to approve this 

provision to apply in lieu of WAC 173– 

400–105 within SWCAA’s jurisdiction, 

except for the reporting requirements 

related to toxic air pollutants which are 

inappropriate for SIP approval under 

section 110 of the CAA. 

P. SWCAA 400–106 Emission Testing 

and Monitoring at Air Contaminant 

Sources 

SWCAA 400–106(1)(a), (b), and (c) 

take the EPA-approved emission testing 

requirements of WAC 173–400–105(4) 

and incorporate them in another section 

with additional requirements not cited 

in the WAC and not submitted for the 

EPA’s approval. SWCAA 400–106(1)(a), 

(b), and (c), although different in 

structure, are nearly identical to WAC 

173–400–105(4). The key difference is 

that SWCAA 400–106(1)(b) allows the 

use of selected Oregon Department of 

Environmental Quality test methods, 

due to the geographic proximity to 

Oregon; whereas the WAC does not. We 

reviewed SWCAA 400–106(1)(a), (b), 

and (c) and are proposing to approve 

these provisions to apply in lieu of 

WAC 173–400–105(4) within SWCAA’s 

jurisdiction. 

Q. SWCAA 400–109 Air Discharge 

Permit Applications 

SWCAA 400–109 contains the 

applicability and permit application 

procedures for new source review (NSR) 

that corresponds to the EPA-approved 

provisions of WAC 173–400–110. The 

most significant difference is that 

SWCAA 400–109 contains generally 

lower, more stringent NSR-applicability 

exemption thresholds than the 

corresponding WAC provisions for 

many of the criteria pollutants. For 

example, SWCAA 400–109(3)(d) sets 

exemption emission thresholds for 

nitrogen oxides, sulfur dioxide, and 

volatile organic compounds at one ton 

per year (tpy) compared to two tpy 

under the SIP-approved provisions of 

WAC 173–400–110(5). Any stationary 

source that is not otherwise exempt 

under SWCAA 400–109(3)(e), discussed 

below, must undergo preconstruction 

permitting review if uncontrolled 

potential emissions are above these 

threshold levels. Like the WAC, if the 

stationary source emissions are 

significant enough to be considered 

‘‘major’’ for a given pollutant, SWCAA 

400–109 directs the reader to the 

relevant portions of WAC 173–400–700 

through 750 for the PSD program 

administered by Ecology, and SWCAA 

400–800 through 860 for major source 

nonattainment NSR administered by 

SWCAA. All other stationary sources, or 


asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
6418 Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Proposed Rules 

certain pollutants at a stationary source, 

which fall between the minor NSR 

exemption emission thresholds and the 

thresholds for ‘‘major’’ stationary 

sources are subject to the minor NSR 

permitting program administered by 

SWCAA. 

SWCAA 400–109(3)(e) also contains 

equipment and activity exemptions 

comparable to the EPA-approved 

provisions of WAC 173–400–110(4), 

with some differences in source 

categories to reflect local pollution 

concerns. The majority of equipment 

and activity exemptions contained in 

SWCAA 400–109(3)(e) remain the same 

since the EPA’s last approval in 1997. 

As part of the December 20, 2016 

submittal, SWCAA provided a 

demonstration to show that the new 

exemptions added since the EPA’s last 

approval are unlikely to cause or 

contribute to an exceedance of the 

NAAQS. These new exemptions cover 

certain wastewater treatment plants, 

water heaters, and emergency internal 

combustion engines. SWCAA’s 

demonstration describes how these 

source categories are covered by other 

local or Federal standards, such as the 

Federal engine standards contained in 

40 CFR 63, subpart ZZZZ, or have been 

found by SWCAA to have emissions 

below the thresholds contained in 

SWCAA 400–109(3)(d). 

The EPA reviewed SWCAA 400–109 

and is proposing to determine that it 

meets the criteria for approvability 

under CAA section 110. The EPA also 

notes that SWCAA did not submit, and 

the EPA does not propose to approve, 

the toxic air pollutant provisions 

contained in SWCAA 400–109(3)(d) and 

(3)(e)(ii) because they are outside the 

scope of this proposed action under 

section 110 of the CAA. Lastly, 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. SWCAA is therefore 

submitting SWCAA 400–109(4) to 

demonstrate adequate fee authority to 

implement the major source 

nonattainment NSR program under 

SWCAA 400–800 through 860. While 

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). The EPA is also proposing to 

correct an error from our previous 

approval in 1997 when the fee 

provisions of SWCAA 400–109(4) were 

inadvertently incorporated by reference. 

With the exceptions noted above, we are 

proposing to approve SWCAA 400–109 

to apply in lieu of WAC 173–400–110 

within SWCAA’s jurisdiction. 

R. SWCAA 400–110 Application 

Review Process for Stationary Sources 

(New Source Review); SWCAA 400–111

Requirements for New Sources in a 

Maintenance Plan Area; SWCAA 400– 

112 Requirements for New Sources in 

Nonattainment Areas; and SWCAA 

400–113 Requirements for New 

Sources in Attainment or 

Nonclassifiable Areas 

As part of the December 20, 2016 

submittal, SWCAA explains that an 

effort was made to align the SWCAA 

NSR program to be as consistent as 

possible with the EPA-approved 

Ecology regulations contained in the 

WAC. Differences are generally 

insubstantial, with slightly different 

numbering systems, procedures, and 

edits for readability. One key difference 

is that the SWCAA NSR program 

contains more stringent NSR provisions 

for ‘‘designated maintenance plan 

areas’’ to ensure continued compliance 

with the NAAQS under SWCAA 400– 

111. In these areas, if a violation of an 

ozone ambient air quality standard or a 

second violation of the carbon 

monoxide ambient air quality standard 

has occurred, SWCAA may require the 

application of lowest achievable 

emission rate (LAER) for the 

maintenance pollutant(s) and any 

pollutant for which the proposed new 

source or modification is major. 

Other less substantive differences 

between the SWCAA NSR program and 

the Ecology program under the WAC are 

discussed below. SWCAA 400–110 

Application Review Process for 

Stationary Sources (New Source Review) 

requires compliance with the State 

Environmental Policy Act as part of the 

completeness and final determination 

criteria. This requirement is not 

explicitly stated in the corresponding 

provisions of WAC 173–400–111 but 

nonetheless still applies, making the 

two program equivalent in effect. The 

SWCAA regulations also differ slightly 

from the WAC with respect to portable 

sources. SWCAA 400–110(6) applies to 

the relocation of portable sources 

permitted by SWCAA; whereas SWCAA 

400–036 applies to relocation of 

portable sources permitted by other 

jurisdictions. The WAC does not make 

this distinction and regulates all 

portable sources under WAC 173–400– 

036. This minor distinction does not 

result in a substantive difference 

between the two respective NSR 

programs. WAC 173–400–111 also does 

not address reopening of approval 

orders for cause, so there is no 

corresponding section to SWCAA 400– 

110(10). Lastly, for the convenience of 

the reader, SWCAA 400–112 

Requirements for New Sources in 

Nonattainment Areas and SWCAA 400– 

113 Requirements for New Sources in 

Attainment or Nonclassifiable Areas 

contain pointers to the toxic air 

pollutant and visibility regulations that 

are not explicitly contained in the 

corresponding WAC provisions. As 

previously noted, SWCAA did not 

submit and the EPA is not proposing to 

approve the provisions related to toxic 

air pollutants in SWCAA 400–110(1)(d), 

400–111(7), 400–112(6), and 400– 

113(5), because the regulation of toxic 

air pollutants is outside the scope of this 

action under section 110 of the CAA. 

With the exceptions noted above, we are 

proposing to approve SWCAA 400–110 

through 113, including SWCAA’s 

additional requirements for designated 

maintenance areas, to apply in lieu of 

WAC 173–400–111 through 113 within 

SWCAA’s jurisdiction. 

S. SWCAA 400–114 Requirements for 

Replacement or Substantial Alteration 

of Emission Control Technology at an 

Existing Stationary Source 

SWCAA 400–114 is derived from the 

statutory provisions of the Washington 

Clean Air Act, in particular Revised 

Code of Washington (RCW) 70.94.153. 

Under SWCAA 400–114, any 

replacement or substantial alteration of 

emission control technology installed 

on an existing stationary source or 

emission unit, excluding routine 

maintenance, repair or parts 

replacement, shall require submission of 

an air discharge permit application for 

determining NSR applicability under 

SWCAA 400–110. If the stationary 

source or emission unit is subject to 

NSR, all requirements under SWCAA 

400–111, 400–112, and/or 400–113 shall 

apply. If the replacement or substantial 

alteration is not subject to NSR, then 

reasonably available control technology 

(RACT) or other requirements shall 

apply as dictated by RCW 70.94. Aside 

from minor wording changes for clarity, 

SWCAA 400–114 remains substantially 

unchanged since the EPA’s last approval 

of this provision in 1997. We reviewed 

SWCAA 400–114 and are proposing to 

determine that it meets the criteria for 

approvability under CAA section 110. 

The corresponding Ecology provision of 

WAC 173–400–114 is currently not in 

the SIP. However, the EPA is also 

proposing to approve SWCAA 400–114 

to apply in lieu of WAC 173–400–114 

should this WAC provision be approved 

into the SIP at some future time. 


asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Proposed Rules 6419 

1 Janet McCabe, Principal Deputy Assistant 

Administrator, ‘‘Minor New Source Review 

Program Public Notice Requirements under 40 CFR 

51.161(b)(3),’’ Memorandum to EPA Air Division 

Directors, Regions 1–10, April 17, 2012. 

T. SWCAA 400–116 Maintenance of 

Equipment 

SWCAA 400–116 has no 

corresponding provision under the 

WAC. This regulation requires that all 

process and pollution control 

equipment be maintained and operated 

in good working order. SWCAA 400– 

116(3) gives the agency authority to 

require that an Operations and 

Maintenance (O&M) plan be developed 

and implemented for each emission unit 

or piece of control or capture equipment 

in order to assure continuous 

compliance with approval conditions. 

SWCAA 400–116 remains substantially 

unchanged since the EPA’s last approval 

in 1997, aside from minor wording 

changes for readability. We reviewed 

the updated version of SWCAA 400–116 

and we propose to approve the changes. 

U. SWCAA 400–130 Use of Emission 

Reduction Credits; SWCAA 400–131

Deposit of Emission Reduction Credits 

Into Bank; and SWCAA 400–136

Maintenance of Emission Reduction 

Credits in Bank 

SWCAA 400–130, 400–131, and 400– 

136 correspond to the Ecology 

provisions of WAC 173–400–131 and 

WAC 173–400–136, which the EPA 

approved on November 7, 2014 (79 FR 

59653). These provisions implement a 

program to issue emission reduction 

credits (ERCs) useable for offsets 

required by the major nonattainment 

NSR permitting program and the 

attainment area offset provisions for 

sources under SWCAA 400–113(3) and 

its corollary, WAC 173–400–113(4). 

ERCs under this program may also be 

used as creditable emission reductions 

for netting purposes in the major 

nonattainment NSR and PSD permitting 

programs provided they meet the 

requirements set forth in the definitions 

of ‘‘major modification’’ in those 

programs. SWCAA’s ERC program 

contains all of the functional 

requirements of the WAC, but does not 

contain provisions for discounting 

issued ERCs as provided in WAC 173– 

400–136(6). An approvable ERC 

program need not include provisions 

which spell out how banked ERC’s 

would be discounted, but it cannot 

include provisions which would 

prevent the air authority from reducing 

or cancelling ERC’s when necessary to 

attain and maintain the NAAQS. 

SWCAA’s rules do not include any 

provisions which would prevent it from 

doing such as part of the development 

of an attainment or maintenance plan. 

SWCAA’s ERC program also contains 

provisions for the establishment and 

maintenance of an ERC bank to 

document and track outstanding ERCs, 

which does not exist in the WAC. 

We reviewed SWCAA’s ERC program 

and are proposing to determine that it 

meets the criteria for approvability 

under section 110 of the CAA. We are 

also proposing to approve SWCAA 400– 

130, 400–131, and 400–136 to apply in 

lieu of WAC 173–400–131 and 173– 

400–136 within SWCAA’s jurisdiction. 

V. SWCAA 400–151 Retrofit 

Requirements for Visibility Protection 

and SWCAA 400–161 Compliance 

Schedules 

Aside from minor wording changes 

for clarity, SWCAA 400–151 and 400– 

161 remain substantially unchanged 

since the EPA’s last approval of these 

provisions on February 26, 1997. Both 

provisions include the substantive 

requirements of the corresponding 

Ecology regulations contained in WAC 

173–400–151 and 173–400–161. The 

most significant change is the 

modification of SWCAA 400–151 and 

400–030 to more clearly define the term 

‘‘existing stationary facility’’ to be 

consistent with the definition contained 

in 40 CFR 51.301, under the EPA’s 

visibility protection program 

requirements. We reviewed SWCAA 

400–151 and 400–161 and are proposing 

to approve these provision to apply in 

lieu of WAC 173–400–151 and 173– 

400–161 within SWCAA’s jurisdiction. 

W. SWCAA 400–171 Public 

Involvement 

SWCAA 400–171 closely follows 

WAC 173–400–171 Public Notice and 

Opportunity for Public Comment, which 

the EPA approved on April 29, 2015 (80 

FR 23721). The most significant change 

to SWCAA 400–171 since the EPA’s last 

approval in 1997 regards the EPA’s 

interpretation of ‘‘prominent 

advertisement.’’ Specifically, 40 CFR 

51.161(b) establishes that the 

opportunity for public comment with 

respect to NSR permitting shall include, 

among other requirements, a notice by 

‘‘prominent advertisement’’ in the 

affected area. Historically this 

information was shared using a public 

notice in a newspaper. However in an 

April 17, 2012 guidance for minor NSR 

programs, included in the docket for 

this action, the EPA acknowledged the 

public’s increased use of web based 

sources of information and clarified that 

the ‘‘prominent advertisement’’ 

requirement at 40 CFR 51.161(b)(3) is 

media neutral.1 As a result, SWCAA 

modified the language of SWCAA 400– 

171 to mirror the EPA and Ecology’s use 

of the term ‘‘prominent advertisement.’’ 

All other changes to SWCAA 400–171 

were insignificant changes, such as 

updating reference dates or minor 

revisions to improve clarity for the 

reader. Lastly, SWCAA did not submit 

and the EPA is not proposing to approve 

SWCAA 400–171(2)(a)(xii) regarding 

public participation procedures for toxic 

air pollutants, because it is outside the 

scope of our approval under section 110 

of the CAA. With the exception noted 

above, we are proposing to approve 

SWCAA 400–171 to apply in lieu of 

WAC 173–400–171 within SWCAA’s 

jurisdiction. 

X. SWCAA 400–190 Requirements for 

Nonattainment Areas; SWCAA 400–200

Vertical Dispersion Requirement, 

Creditable Stack Height and Dispersion 

Techniques; SWCAA 400–205

Adjustment for Atmospheric 

Conditions; and SWCAA 400–210

Emission Requirements of Prior 

Jurisdictions 

Aside from minor updates to the 

citations, these long-standing provisions 

remain substantially unchanged since 

the EPA’s last approval in 1997. They 

also closely match the corresponding 

EPA-approved Ecology provisions of 

WAC 173–400–190, 173–400–200, 173– 

400–205, and 173–400–210. Minor 

revisions include the updating of 

SWCAA 400–190 to reflect the major 

source specific nonattainment NSR 

requirements contained in SWCAA 800 

through 860. SWCAA also revised 

SWCAA 400–200 to include vertical 

dispersion requirements that are not 

present in the corresponding WAC 

requirements. SWCAA is not 

submitting, and the EPA is not 

proposing to approve, these additional 

requirements contained in SWCAA 

400–200(1). The remaining changes 

reflect the name change from 

‘‘Southwest Air Pollution Control 

Authority’’ to ‘‘Southwest Clean Air 

Agency’’ that occurred after the EPA’s 

1997 approval. With the exception of 

SWCAA 400–200(1) noted above, we are 

proposing to approve SWCAA 400–190, 

400–200, 400–205, and 400–210 to 

apply in lieu of the corresponding 

Ecology provisions in WAC 173–400– 

190, 173–400–200, 173–400–205, and 

173–400–210. 


asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
6420 Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Proposed Rules 

Y. SWCAA 400–220 Requirements for 

Board Members; SWCAA 400–230

Regulatory Actions and Civil Penalties; 

SWCAA 400–240 Criminal Penalties; 

SWCAA 400–250 Appeals; SWCAA 

400–260 Conflict of Interest; SWCAA 

400–270 Confidentiality of Records 

and Information; and SWCAA 400–280

Powers of Agency 

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. The EPA 

reviewed and is proposing to approve 

SWCAA 400–220, 400–230, 400–240, 

400–250, 400–260, 400–270, and 400– 

280 as providing SWCAA adequate 

enforcement and other general authority 

for purposes of implementing and 

enforcing its SIP. However, we are not 

proposing to incorporating these 

provisions by reference into the SIP 

codified in 40 CFR 52.2470(c). Instead, 

the EPA is proposing to include these 

provisions in 40 CFR 52.2470(e), EPA 

Approved Nonregulatory Provisions and 

Quasi-Regulatory Measures, as 

approved but not incorporated by 

reference regulatory provisions. The 

EPA is also proposing to approve 

SWCAA 400–220, 400–230, 400–240, 

400–250, and 400–260 to apply in lieu 

of the corresponding Ecology provisions 

of WAC 173–400–220, 173–400–230, 

173–400–240, 173–400–250, and 173– 

400–260. SWCAA 400–270 and 400–280 

have no corresponding provisions in the 

WAC. 

Z. SWCAA 400–800 Major Stationary 

Source and Major Modification in a 

Nonattainment Area; SWCAA 400–810

Major Stationary Source and Major 

Modification Definitions; SWCAA 400– 

820 Determining If a New Stationary 

Source or Modification to a Stationary 

Source Is Subject to These 

Requirements; SWCAA 400–830

Permitting Requirements; SWCAA 400– 

840 Emission Offset Requirements; 

SWCAA 400–850 Actual Emissions— 

Plantwide Applicability Limitation 

(PAL); SWCAA 400–860 Public 

Involvement Procedures 

Aside from minor edits to the 

citations to reflect the SWCAA 

regulatory structure, the SWCAA major 

nonattainment NSR program contained 

in SWCAA 400–800 through 860 is 

nearly identical to the Ecology major 

nonattainment NSR program in WAC 

173–400–800 through 860, which the 

EPA approved on November 7, 2014 (79 

FR 59653). We note that Ecology’s major 

nonattainment NSR program for PM2.5

under WAC 173–400–800 through 860 

was reviewed pursuant to the EPA’s 

2008 PM2.5 New Source Review Rule (73 

FR 28321, May 16, 2008). The EPA’s 

2008 rule was remanded to the EPA by 

the U.S. Court of Appeals for the District 

of Columbia Circuit and replaced by a 

revised implementation rule published 

August 24, 2016, which imposes 

additional requirements for PM2.5

nonattainment areas (81 FR 58010). 

Because SWCAA does not have 

nonattainment areas within its 

jurisdiction for any criteria pollutant, 

including PM2.5, the EPA did not review 

SCWAA 400–800 through 860 for 

consistency with the newly revised 

PM2.5 implementation rule; nor does 

SWCAA have an obligation to submit 

rule revisions to address the 2016 PM2.5

implementation rule at this time. 

However, we note that the federal major 

nonattainment NSR requirements 

remain unchanged for all other criteria 

pollutants since our review and 

approval of WAC 173–400–800 through 

860. We are therefore proposing 

approval of SWCAA 400–800 through 

860 as meeting the current major 

nonattainment NSR requirements for all 

criteria pollutants except PM2.5 and 

proposing to approve these provisions 

to apply in lieu of the corresponding 

Ecology provisions of WAC 173–400– 

800 through 860. 

AA. WAC 173–400–117 Special 

Protection Requirements for Federal 

Class I Areas; WAC 173–400–118

Designation of Class I, II, and III Areas; 

and WAC 173–400–560 General Order 

of Approval 

As discussed above, WAC 173–400– 

020(1) states that, ‘‘The provisions of 

this chapter shall apply statewide, 

except for specific subsections where a 

local authority has adopted and 

implemented corresponding local rules 

that apply only to sources subject to 

local jurisdiction as provided under 

RCW 70.94.141 and 70.94.331.’’ 

SWCAA 400 does not contain any rules 

that correspond to the EPA-approved 

provisions of WAC 173–400–117, 173– 

400–118, or 173–400–560. In this action, 

the EPA therefore proposes to approve 

these WAC provisions within SWCAA’s 

jurisdiction, which the EPA has 

previously approved into the 

Washington SIP for areas under 

Ecology’s jurisdiction. 

BB. Appendix A—SWCAA Method 9, 

Visual Opacity Determination Method 

and Appendix B—Description of 

Vancouver Ozone and Carbon 

Monoxide Maintenance Area Boundary 

SWCAA Appendix A corresponds to 

the EPA Test Method 9—Visual 

Determination of the Opacity of 

Emissions from Stationary Sources 

contained in 40 CFR part 60, Appendix 

A. SWCAA explains that, ‘‘The 

difference between the SWCAA Method 

9 and EPA Method 9 is in the data 

reduction section. The SWCAA method 

establishes a three-minute period in any 

one-hour period where opacity cannot 

exceed an opacity limit. For the SWCAA 

method, 13 readings in a 1-hour period 

or less, above the established opacity 

limit, no matter how much, constitutes 

a violation. The EPA method is an 

arithmetic average of any 24 consecutive 

readings at 15-second intervals. These 

values are averaged and this average 

value cannot exceed the established 

opacity limit.’’ The different data 

reduction methods are needed to 

accommodate the differences in the 

forms of the opacity standards in 40 

CFR part 60 and in SWCAA’s rules. The 

EPA reviewed SWCAA Appendix A and 

we are proposing to determine that it 

meets the requirements for approval 

under section 110 of the CAA. 

SWCAA Appendix B—Description of 

Vancouver Ozone and Carbon 

Monoxide Maintenance Area Boundary 

was previously submitted as part of the 

Vancouver Carbon Monoxide 

Maintenance Plan (61 FR 54560, 

October 21, 1996) and the Vancouver 

Portion of the AQMA Ozone 

Maintenance Plan (62 FR 27204, May 

19, 1997). While it remains unchanged, 

the EPA is proposing to revise 40 CFR 

52.2470(c)—Table 8—Additional 

Regulations Approved for the Southwest 

Clean Air Agency (SWCAA) Jurisdiction 

to more clearly include Appendix B. 

III. The EPA’s Proposed Action 

A. Regulations To Approve and 

Incorporate by Reference Into the SIP 

The EPA proposes to approve and 

incorporate by reference into the 

Washington SIP at 40 CFR 52.2470(c)— 

Table 8—Additional Regulations 

Approved for the Southwest Clean Air 

Agency (SWCAA) Jurisdiction, the 

SWCAA and Ecology regulations listed 

in Tables 1 and 2 below for sources 

within SWCAA’s jurisdiction. 


asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Proposed Rules 6421 

TABLE 1—SOUTHWEST CLEAN AIR AGENCY (SWCAA) REGULATIONS FOR PROPOSED APPROVAL AND INCORPORATION BY

REFERENCE

State/local 

citation Title/subject State/local effective date Explanation 

SWCAA 400—General Regulations for Air Pollution Sources 

400–010 ............ Policy and Purpose ..................................................... 03/18/01 

400–020 ............ Applicability ................................................................. 10/09/16 

400–030 ............ Definitions ................................................................... 10/09/16 Except: 400–030(21) and (129). 

400–036 ............ Portable Sources From Other Washington Jurisdictions.10/09/16 

400–040 ............ General Standards for Maximum Emissions .............. 10/09/16 Except: 400–040(1)(a), (c) and (d); 400–040(2); and 

400–040(4). 

400–050 ............ Emission Standards for Combustion and Incineration 

Units.

10/09/16 Except: 400–050(3); 400–050(5); and 400–050(6). 

400–060 ............ Emission Standards for General Process Units ......... 10/09/16 

400–070 ............ General Requirements for Certain Source Categories.10/09/16 Except: 400–070(2)(a); 400–070(3)(b); 400–070(5); 

400–070(6); 400–070(7); 400–070(8)(c); 400– 

070(9); 400–070(10); 400–070(11); 400–070(12); 

400–070(14); and 400–070(15)(c). 

400–072 ............ Small Unit Notification for Selected Source Categories.10/09/16 Except: 400–072(5)(a)(ii)(B); 400–072(5)(d)(ii)(B); 

400–072(5)(d)(iii)(A); 400–072(5)(d)(iii)(B); and all 

reporting requirements related to toxic air pollutants. 

400–074 ............ Gasoline Transport Tanker Registration .................... 11/15/09 Except: 400–074(2). 

400–081 ............ Startup and Shutdown ................................................ 10/09/16 

400–091 ............ Voluntary Limits on Emissions ................................... 10/09/16 

400–105 ............ Records, Monitoring and Reporting ............................ 10/09/16 Except: Reporting requirements related to toxic air 

pollutants. 

400–106 ............ Emission Testing and Monitoring at Air Contaminant 

Sources.

10/09/16 Except: 400–106(1)(d) through (g); and 400–106(2). 

400–109 ............ Air Discharge Permit Applications .............................. 10/09/16 Except: The toxic air pollutant emissions thresholds 

contained in 400–109(3)(d); 400–109(3)(e)(ii); and 

400–109(4). 

400–110 ............ Application Review Process for Stationary Sources 

(New Source Review).

10/09/16 Except: 400–110(1)(d). 

400–111 ............ Requirements for New Sources in a Maintenance 

Plan Area.

10/09/16 Except: 400–111(7). 

400–112 ............ Requirements for New Sources in Nonattainment 

Areas.

10/09/16 Except: 400–112(6). 

400–113 ............ Requirements for New Sources in Attainment or 

Nonclassifiable Areas.

10/09/16 Except: 400–113(5). 

400–114 ............ Requirements for Replacement or Substantial Alteration of Emission Control Technology at an Existing Stationary Source.11/09/03 

400–116 ............ Maintenance of Equipment ......................................... 11/09/03 

400–130 ............ Use of Emission Reduction Credits ............................ 10/09/16 

400–131 ............ Deposit of Emission Reduction Credits Into Bank ..... 10/09/16 

400–136 ............ Maintenance of Emission Reduction Credits in Bank 10/09/16 

400–151 ............ Retrofit Requirements for Visibility Protection ............ 11/09/03 

400–161 ............ Compliance Schedules ............................................... 03/18/01 

400–171 ............ Public Involvement ...................................................... 10/09/16 Except: 400–171(2)(a)(xii).

400–190 ............ Requirements for Nonattainment Areas ..................... 10/09/16 

400–200 ............ Vertical Dispersion Requirement, Creditable Stack 

Height and Dispersion Techniques.

10/09/16 Except: 400–200(1). 

400–205 ............ Adjustment for Atmospheric Conditions ..................... 03/18/01 

400–210 ............ Emission Requirements of Prior Jurisdictions ............ 03/18/01 

400–800 ............ Major Stationary Source and Major Modification in a 

Nonattainment Area.

10/09/16 

400–810 ............ Major Stationary Source and Major Modification Definitions.10/09/16 

400–820 ............ Determining If a New Stationary Source or Modification to a Stationary Source is Subject to These 

Requirements.

10/09/16 

400–830 ............ Permitting Requirements ............................................ 10/09/16 

400–840 ............ Emission Offset Requirements ................................... 10/09/16 

400–850 ............ Actual Emissions—Plantwide Applicability Limitation 

(PAL).

10/09/16 

400–860 ............ Public Involvement Procedures .................................. 10/09/16 

Appendix A ........ SWCAA Method 9 Visual Opacity Determination 

Method.

10/09/16 

Appendix B ........ Description of Vancouver Ozone and Carbon Monoxide Maintenance Area Boundary.10/09/16 


asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
6422 Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Proposed Rules 

TABLE 2—WASHINGTON STATE DEPARTMENT OF ECOLOGY REGULATIONS FOR PROPOSED APPROVAL AND

INCORPORATION BY REFERENCE

State/local 

citation Title/subject State/local effective date Explanation 

Chapter 173–400 WAC, General Regulations for Air Pollution Sources 

173–400–117 .... Special Protection Requirements for Federal Class I 

Areas.

12/29/12 For permits issued under the applicability provisions 

of WAC 173–400–800. 

173–400–118 .... Designation of Class I, II, and III Areas ..................... 12/29/12 

173–400–560 .... General Order of Approval ......................................... 12/29/12 Except: The part of 173–400–560(1)(f) that says, 

‘‘173–460 WAC’’. 

B. Regulations To Approve But Not 

Incorporate by Reference 

In addition to the regulations 

proposed for approval and 

incorporation by reference above, 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. As discussed 

above, the EPA has reviewed and is 

proposing to approve SWCAA 400–220 

Requirements for Board Members, 

SWCAA 400–230 Regulatory Actions 

and Civil Penalties, SWCAA 400–240 

Criminal Penalties, SWCAA 400–250 

Appeals, SWCAA 400–260 Conflict of 

Interest; SWCAA 400–270 

Confidentiality of Records and 

Information, and SWCAA 400–280 

Powers of Agency as having adequate 

enforcement and other general authority 

for purposes of implementing and 

enforcing its SIP, but is not 

incorporating these sections by 

reference into the SIP codified in 40 

CFR 52.2470(c). Instead, the EPA is 

proposing to include these sections in 

40 CFR 52.2470(e), EPA Approved 

Nonregulatory Provisions and QuasiRegulatory Measures, as approved but 

not incorporated by reference regulatory 

provisions. 

C. Regulations to Remove From the SIP 

The Ecology regulations contained in 

Washington’s SIP at 40 CFR 

52.2470(c)—Table 8—Additional 

Regulations Approved for the Southwest 

Clean Air Agency (SWCAA) Jurisdiction 

were last approved by the EPA on June 

2, 1995 (60 FR 28726). As previously 

discussed, under the Washington Clean 

Air Act local clean air agencies have the 

option of adopting and implementing 

equally stringent or more stringent 

corresponding provisions to apply in 

lieu of Chapter 173–400 WAC, or parts 

of Chapter 173–400 WAC. With the 

exception of updated versions of WAC 

173–400–117, 173–400–118, and 173– 

400–560, SWCAA requested that the 

submitted SWCAA regulations replace 

the existing WAC provisions currently 

in the SIP for its jurisdiction. Also, as 

previously discussed, the EPA is 

proposing to remove from the SIP 

SWCAA 400–050(3) [formerly 400– 

050(2)], 400–052, 400–070(6), 400– 

070(8)(c) [formerly 400–070(7)(c) and 

(d)], 400–074(2), 400–100, 400–101, and 

400–109(4) because removal of these 

provisions would not interfere with any 

applicable requirement concerning 

attainment and reasonable further 

progress, or any other applicable 

requirement of section 110 of the CAA. 

We also note that the SIP includes a 

reference to SWCAA 400–090 which 

was renumbered to SWCAA 400–091 on 

September 21, 1995. We are proposing 

to remove the reference to SWCAA 400– 

090 in the SIP which was inadvertently 

not addressed as part of our February 

26, 1997 approval of SWCAA 400–091 

(62 FR 8624). 

D. Scope of Proposed Action 

This proposed revision to the SIP 

applies specifically to the SWCAA 

jurisdiction incorporated into the SIP at 

40 CFR 52.2470(c)—Table 8. As 

discussed in our October 3, 2014 action 

(79 FR 59653, at page 59654), local air 

agency jurisdiction in Washington is 

generally defined on a geographic basis; 

however there are exceptions. By 

statute, SWCAA does not have authority 

for sources under the jurisdiction of the 

Energy Facility 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, SWCAA 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 also retains statewide, direct 

jurisdiction for the PSD permitting 

program. Therefore, the EPA is not 

approving into 40 CFR 52.2470(c)— 

Table 8 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 750, which the EPA 

has already approved as applying statewide. 

As described in our April 29, 2015 

action, jurisdiction to implement the 

visibility permitting program contained 

in WAC 173–400–117 varies depending 

on the situation. Ecology retains 

authority to implement WAC 173–400– 

117 as it relates to PSD permits. See 80 

FR 23721. However, for facilities subject 

to major nonattainment NSR under the 

applicability provisions of SWCAA 

400–800, we are proposing that SWCAA 

would be responsible for implementing 

those parts of WAC 173–400–117 as 

they relate to major nonattainment NSR 

permits. See 80 FR 23726. If finalized, 

the EPA is also proposing to modify the 

visibility protection Federal 

Implementation Plan contained in 40 

CFR 52.2498 to reflect the approval of 

WAC 173–400–117 as it applies to 

implementation of the major 

nonattainment NSR program in 

SWCAA’s jurisdiction. 

Lastly, this SIP revision is not 

approved to apply in Indian 

reservations in the State, or 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 proposing to 

include in a final EPA 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 III.A. Regulations to Approve 

and Incorporate by Reference into the 

SIP and the rules proposed for removal 

from the SIP in section III.C. Regulations 

to Remove from the SIP. The EPA has 

made, and will continue to make, these 

materials generally available through 

www.regulations.gov and/or at the EPA 


asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Proposed Rules 6423 

1 42 U.S.C. 300 aa–10 et seq. 

2Section 2114(e)(2) of the PHS Act, 42 U.S.C. 

300aa–14(e)(2). 

3 42 CFR 100.3(c)(8). 

4Sections 2114(c) and 2114(e)(2) of the PHS Act, 

42 U.S.C. 300aa–14(c) and 300aa–14(e)(2). 

Region 10 Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

V. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

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 proposed 

action merely approves the state’s law 

as meeting Federal requirements and 

does not impose additional 

requirements beyond those imposed by 

the state’s law. For that reason, this 

proposed action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to the requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

this action does not involve technical 

standards; and 

• Does not provide the EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because it will not 

impose substantial direct costs on tribal 

governments or preempt tribal law. This 

SIP revision is not approved to apply in 

Indian reservations in the State, or any 

other area where the EPA or an Indian 

tribe has demonstrated that a tribe has 

jurisdiction. 

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. 

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

Dated: January 4, 2017. 

Dennis J. McLerran, 

Regional Administrator, Region 10. 

[FR Doc. 2017–01090 Filed 1–18–17; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Health Resources and Services 

Administration 

42 CFR Part 100 

National Vaccine Injury Compensation 

Program: Statement of Reasons for 

Not Conducting a Rulemaking 

Proceeding 

AGENCY: Health Resources and Services 

Administration (HRSA), Department of 

Health and Human Services (HHS). 

ACTION: Denial of petition for 

rulemaking. 

SUMMARY: In accordance with section 

2114(c)(2)(B) of the Public Health 

Service Act, 42 U.S.C. 300aa– 

14(c)(2)(B), notice is hereby given 

concerning the reasons for not 

conducting a rulemaking proceeding to 

add neurological disorders or conditions 

as injuries associated with seasonal 

influenza vaccines to the Vaccine Injury 

Table. 

DATES: Written comments are not being 

solicited. 

FOR FURTHER INFORMATION CONTACT: 

Narayan Nair, MD, Director, Division of 

Injury Compensation Programs (DICP), 

Healthcare Systems Bureau, Health 

Resources and Services Administration, 

5600 Fishers Lane, Room 8N146B, 

Rockville, Maryland 20857, or by 

telephone 301–443–6593. 

SUPPLEMENTARY INFORMATION: The 

National Childhood Vaccine Injury Act 

of 1986, (Vaccine Act), Title III of Public 

Law 99–660, established the National 

Vaccine Injury Compensation Program 

(VICP) for persons found to be injured 

by vaccines.1 Under this federal 

program, petitions for compensation are 

filed with the United States Court of 

Federal Claims (Court). The Court, 

acting through special masters, makes 

findings as to eligibility for, and amount 

of, compensation. To gain entitlement to 

compensation under VICP for a covered 

vaccine, a petitioner must establish a 

vaccine-related injury or death in one of 

the following ways (unless another 

cause is found): (1) By proving that the 

first symptom of an injury or condition, 

as defined by the Qualifications and 

Aids to Interpretation, occurred within 

the time period listed on the Vaccine 

Injury Table (Table), and, therefore, is 

presumed to be caused by a vaccine; (2) 

by proving vaccine causation, if the 

injury or condition is not on the Table 

or did not occur within the time period 

specified on the Table; or (3) by proving 

that the vaccine significantly aggravated 

a pre-existing condition. 

The statute authorizing VICP provides 

for the inclusion of additional vaccines 

in VICP when they are recommended by 

the Centers for Disease Control and 

Prevention for routine administration to 

children.2 Consistent with section 

13632(a)(3) of Public Law 103–66, the 

regulations governing VICP provide that 

such vaccines will be included in the 

Table as of the effective date of an 

excise tax to provide funds for the 

payment of compensation with respect 

to such vaccines.3 The statute 

authorizing VICP also authorizes the 

Secretary to create and modify a list of 

injuries, disabilities, illnesses, 

conditions, and deaths (and their 

associated time frames) associated with 

each category of vaccines included on 

the Table.4 Finally, the Vaccine Act 

provides that: 

[a]ny person (including the Advisory 

Commission on Childhood Vaccines) [the 

Commission] may petition the Secretary to 

propose regulations to amend the Vaccine 

Injury Table. Unless clearly frivolous, or 

initiated by the Commission, any such 

petition shall be referred to the Commission 

for its recommendations. Following— 

(A) Receipt of any recommendation of the 

Commission, or 

(B) 180 days after the date of the referral 

to the Commission, 

whichever occurs first, the Secretary shall 

conduct a rule-making proceeding on the 

matters proposed in the petition or publish 


asabaliauskas on DSK3SPTVN1PROD with PROPOSALS