2738 Federal Register / Vol. 84, No. 27 / Friday, February 8, 2019 / Rules and Regulations 

§ 165.T05–0031 Safety Zone, Delaware 

River Rock Blasting; Marcus Hook, PA. 

(a) Location. The following area is a 

safety zone: All the navigable waters of 

the Delaware River within 500 yards of 

vessels and machinery performing rock 

blasting, rock removal, and dredging 

operations, between Marcus Hook Range 

and Tinicum Range. 

(b) Definitions. As used in this 

section, designated representative 

means any Coast Guard commissioned, 

warrant, or petty officer who has been 

authorized by the Captain of the Port to 

assist with enforcement of the safety 

zone described in paragraph (a) of this 

section. 

(c) Regulations. (1) Vessels wishing to 

transit the safety zone in the main 

navigational channel may do so if they 

can make satisfactory passing 

arrangements with the drill boat 

APACHE or the dredges TEXAS and 

NEW YORK, as applicable, in 

accordance with the Navigational Rules 

in 33 CFR subchapter E via VHF–FM 

channel 13 at least 30 minutes prior to 

arrival. If vessels are unable to make 

satisfactory passing arrangements with 

the drill boat APACHE or the dredges 

TEXAS and NEW YORK, they may 

request permission from the Captain of 

the Port, or his designated 

representative, on VHF–FM channel 16. 

(2) The operator of any vessel 

requesting to transit through the safety 

zone shall proceed as directed by the 

drill boat APACHE, the dredges TEXAS 

and NEW YORK, or the designated 

representative of the Captain of the Port 

and must operate at the minimum safe 

speed necessary to maintain steerage 

and reduce wake. 

(3) No vessel may transit through the 

safety zone during times of explosive 

detonation. During explosive 

detonation, vessels must maintain a 

500-yard distance from the drill boat 

APACHE. The drill boat APACHE will 

make broadcasts, via VHF–FM Channel 

13 and 16, at 15 minutes, 5 minutes, and 

1 minute prior to detonation, as well as 

a countdown to detonation on VHF–FM 

Channel 16. 

(4) After every explosive detonation 

the dredging contractor will conduct a 

survey to ensure the navigational 

channel is clear for vessels to transit. 

The drill boat APACHE will broadcast, 

via VHF–FM channel 13 and 16, when 

the survey has been completed and the 

channel is clear to transit. Vessels 

requesting to transit through the safety 

zone shall proceed as directed by the 

Captain of the Port and contact the drill 

boat APACHE on VHF–FM channel 13 

to make safe passing arrangements. 

(d) Enforcement. The U.S. Coast 

Guard may be assisted by Federal, State 

and local agencies in the patrol and 

enforcement of the zone. 

(e) Enforcement period. This rule will 

be enforced from February 10, 2019, 

through March 15, 2019, unless 

cancelled earlier by the Captain of the 

Port. 

Dated: February 4, 2019. 

Scott E. Anderson, 

Captain, U.S. Coast Guard, Captain of the 

Port, Delaware Bay. 

[FR Doc. 2019–01602 Filed 2–7–19; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2018–0796; FRL–9987–76– 

Region 10] 

Air Plan Approval; WA; Updates to 

Materials Incorporated by Reference 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; administrative 

change. 

SUMMARY: The Environmental Protection 

Agency (EPA) is updating the materials 

that are incorporated by reference (IBR) 

into the Washington State 

Implementation Plan (SIP). The 

regulations affected by this update have 

been previously submitted by the 

Washington State Department of 

Ecology (Ecology) and approved by the 

EPA. In this action, the EPA is also 

notifying the public of corrections to 

typographical errors and rearranging the 

contents for clarity. This update affects 

the SIP materials that are available for 

public inspection at the National 

Archives and Records Administration 

(NARA) and the EPA Regional Office. 

DATES: This action is effective February 

8, 2019. 

ADDRESSES: SIP materials which are 

incorporated by reference into 40 CFR 

part 52 are available for inspection at 

the following locations: Environmental 

Protection Agency, Region 10, 1200 

Sixth Avenue, Seattle, WA 98101, or the 

National Archives and Records 

Administration (NARA). For 

information on the availability of this 

material at NARA, call (202) 741–6030, 

or go to: https://www.archives.gov/ 

federal-register/cfr/ibr-locations.html. 

FOR FURTHER INFORMATION CONTACT: Jeff 

Hunt, EPA Region 10, (206) 553–0256, 

hunt.jeff@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The SIP is a living document which 

a state revises as necessary to address its 

unique air pollution problems. 

Therefore, the EPA from time to time, 

must take action on SIP revisions 

containing new and/or revised 

regulations as being part of the SIP. On 

May 22, 1997, the EPA revised the 

procedures for incorporating by 

reference Federally-approved SIPs, as a 

result of consultations between the EPA 

and the Office of the Federal Register 

(OFR) (62 FR 27968). The description of 

the revised SIP document, IBR 

procedures and ‘‘Identification of plan’’ 

format are discussed in further detail in 

the May 22, 1997 Federal Register 

document. On March 20, 2013, the EPA 

published a Federal Register beginning 

the new IBR procedure for Washington 

(78 FR 17108). The EPA subsequently 

published updates to the IBR material 

for Washington on December 8, 2014 (79 

FR 72548) and April 12, 2016 (70 FR 

21470). Since the publication of the last 

IBR update, the EPA approved and 

incorporated by reference the changes 

listed below. 

A. Added Regulations 

Table 2—Additional Regulations 

Approved for Washington Department 

of Ecology (Ecology) Direct Jurisdiction 

• Washington Administrative Code, 

Chapter 173–400, General Regulations 

for Air Pollution Sources, section 173– 

400–025 (Adoption of Federal Rules). 

For more information, see 81 FR 69385 

(October 6, 2016). 

Table 4—Additional Regulations 

Approved for the Benton Clean Air 

Agency (BCAA) Jurisdiction 

• Washington Administrative Code, 

Chapter 173–400, General Regulations 

for Air Pollution Sources, section 173– 

400–025 (Adoption of Federal Rules). 

For more information, see 81 FR 69385 

(October 6, 2016). 

Table 8—Additional Regulations 

Approved for the Southwest Clean Air 

Agency (SWCAA) Jurisdiction 

• Southwest Clean Air Agency, 

SWCAA 400, General Regulations for 

Air Pollution Sources, sections 400–036 

(Portable Sources from Other 

Washington Jurisdictions), 400–072 

(Small Unit Notification for Selected 

Source Categories), 400–106 (Emission 

Testing and Monitoring at Air 

Contaminant Sources), 400–130 (Use of 

Emission Reduction Credits), 400–131 

(Deposit of Emission Reduction Credits 

Into Bank), 400–136 (Maintenance of 

Emission Reduction Credits in Bank), 

400–800 (Major Stationary Source and 


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Major Modification in a Nonattainment 

Area), 400–810 (Major Stationary Source 

and Major Modification Definitions), 

400–820 (Determining if a New 

Stationary Source or Modification to a 

Stationary Source is Subject to These 

Requirements), 400–830 (Permitting 

Requirements), 400–840 (Emission 

Offset Requirements), 400–850 (Actual 

Emissions—Plantwide Applicability 

Limitation (PAL)), 400–860 (Public 

Involvement Procedures), Appendix A 

(SWCAA Method 9 Visual Opacity 

Determination Method), and Appendix 

B (Description of Vancouver Ozone and 

Carbon Monoxide Maintenance Area 

Boundary). For more information, see 82 

FR 17136 (April 10, 2017). 

• Washington Administrative Code, 

Chapter 173–400, General Regulations 

for Air Pollution Sources, sections 173– 

400–117 (Special Protection 

Requirements for Federal Class I Areas), 

173–400–118 (Designation of Class I, II, 

and III Areas), and 173–400–560 

(General Order of Approval). For more 

information, see 82 FR 17136 (April 10, 

2017). 

B. Revised Regulations 

Table 1—Regulations Approved 

Statewide 

• Washington Administrative Code, 

Chapter 173–476, Ambient Air Quality 

Standards, sections 173–476–020 

(Applicability), 173–476–150 (Ambient 

Air Quality Standard for Ozone), and 

173–476–900 (Table of Standards). For 

more information, see 81 FR 69385 

(October 6, 2016). 

Table 2—Additional Regulations 

Approved for Washington Department 

of Ecology (Ecology) Direct Jurisdiction 

• Washington Administrative Code, 

Chapter 173–400, General Regulations 

for Air Pollution Sources, sections 173– 

400–110 (New Source Review (NSR) for 

Sources and Portable Sources) and 173– 

400–112 (Requirements for New Sources 

in Nonattainment Areas—Review for 

Compliance with Regulations). For more 

information, see 81 FR 66823 

(September 29, 2016). 

• Washington Administrative Code, 

Chapter 173–400, General Regulations 

for Air Pollution Sources, sections 173– 

400–040 (General Standards for 

Maximum Emissions), 173–400–050 

(Emission Standards for Combustion 

and Incineration Units), 173–400–060 

(Emission Standards for General Process 

Units), 173–400–070 (Emission 

Standards for Certain Source 

Categories), 173–400–105 (Records, 

Monitoring, and Reporting), 173–400– 

111 (Processing Notice of Construction 

Applications for Sources, Stationary 

Sources and Portable Sources), 173– 

400–116 (Increment Protection), 173– 

400–171 (Public Notice and 

Opportunity for Public Comment), 173– 

400–710 (Definitions), 173–400–720 

(Prevention of Significant Deterioration 

(PSD)), 173–400–730 (Prevention of 

Significant Deterioration Application 

Processing Procedures), 173–400–740 

(PSD Permitting Public Involvement 

Requirements), 173–400–810 (Major 

Stationary Source and Major 

Modification Definitions), 173–400–830 

(Permitting Requirements), 173–400– 

840 (Emission Offset Requirements), 

and 173–400–850 (Actual Emissions 

Plantwide Applicability Limitation 

(PAL)). For more information, see 81 FR 

69385 (October 6, 2016). 

Table 3—Additional Regulations 

Approved for the Energy Facilities Site 

Evaluation Council (EFSEC) Jurisdiction 

• Washington Administrative Code, 

Chapter 463–78, General and Operating 

Permit Regulations for Air Pollution 

Sources, sections 463–78–005 

(Adoption by Reference), 463–78–010 

(Purpose), 463–78–020 (Applicability), 

463–78–030 (Additional Definitions), 

463–78–095 (Permit Issuance), and 463– 

78–120 (Monitoring and Special 

Report). For more information, see 82 

FR 24531 (May 30, 2017). 

Table 4—Additional Regulations 

Approved for the Benton Clean Air 

Agency (BCAA) Jurisdiction 

• Washington Administrative Code, 

Chapter 173–400, General Regulations 

for Air Pollution Sources, sections 173– 

400–040 (General Standards for 

Maximum Emissions), 173–400–050 

(Emission Standards for Combustion 

and Incineration Units), 173–400–060 

(Emission Standards for General Process 

Units), 173–400–070 (Emission 

Standards for Certain Source 

Categories), 173–400–105 (Records, 

Monitoring, and Reporting), 173–400– 

111 (Processing Notice of Construction 

Applications for Sources, Stationary 

Sources and Portable Sources), 173– 

400–171 (Public Notice and 

Opportunity for Public Comment), 173– 

400–810 (Major Stationary Source and 

Major Modification Definitions), 173– 

400–830 (Permitting Requirements), 

173–400–840 (Emission Offset 

Requirements), and 173–400–850 

(Actual Emissions Plantwide 

Applicability Limitation (PAL)). For 

more information, see 81 FR 69385 

(October 6, 2016). 

Table 8—Additional Regulations 

Approved for the Southwest Clean Air 

Agency (SWCAA) Jurisdiction 

• Southwest Clean Air Agency, 

SWCAA 400, General Regulations for 

Air Pollution Sources, sections 400–010 

(Policy and Purpose), 400–020 

(Applicability), 400–030 (Definitions), 

400–040 (General Standards for 

Maximum Emissions), 400–050 

(Emission Standards for Combustion 

and Incineration Units), 400–060 

(Emission Standards for General Process 

Units), 400–070 (General Requirements 

for Certain Source Categories), 400–074 

(Gasoline Transport Tanker 

Registration), 400–081 (Startup and 

Shutdown), 400–091 (Voluntary Limits 

on Emissions), 400–105 (Records, 

Monitoring and Reporting), 400–109 

(Air Discharge Permit Applications), 

400–110 (Application Review Process 

for Stationary Sources (New Source 

Review)), 400–111 (Requirements for 

New Sources in a Maintenance Plan 

Area), 400–112 (Requirements for New 

Sources in Nonattainment Areas), 400– 

113 (Requirements for New Sources in 

Attainment or Nonclassifiable Areas), 

400–114 (Requirements for Replacement 

or Substantial Alteration of Emission 

Control Technology at an Existing 

Stationary Source), 400–116 

(Maintenance of Equipment), 400–151 

(Retrofit Requirements for Visibility 

Protection), 400–161 (Compliance 

Schedules), 400–171 (Public 

Involvement), 400–190 (Requirements 

for Nonattainment Areas), 400–200 

(Vertical Dispersion Requirement, 

Creditable Stack Height and Dispersion 

Techniques), 400–205 (Adjustment for 

Atmospheric Conditions), and 400–210 

(Emission Requirements of Prior 

Jurisdictions). For more information, see 

82 FR 17136 (April 10, 2017). We note 

that we are correcting a typographical 

error in Table 8 to exclude SWCAA 

400–113(5) from the SIP consistent with 

the original proposal and final rule 

preamble. 

Table 9—Additional Regulations 

Approved for the Spokane Regional 

Clean Air Agency (SRCAA) Jurisdiction 

• Spokane Regional Clean Air 

Agency, Regulation I, Article VI— 

Emissions Prohibited, sections 6.05 

(Particulate Matter and Preventing 

Particulate Matter from Becoming 

Airborne), 6.14 (Standards for Control of 

Particulate Matter on Paved Surfaces), 

and 6.15 (Standards for Control of 

Particulate Matter on Unpaved Roads). 

For more information, see 81 FR 21470 

(April 12, 2016). 


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C. Removed Regulations 

Table 3—Additional Regulations 

Approved for the Energy Facilities Site 

Evaluation Council (EFSEC) Jurisdiction 

• Washington Administrative Code 

(WAC) 463–39–100 (Registration) and 

WAC 173–400–151 (Retrofit 

Requirements), as adopted by reference 

in WAC 463–78–005. For more 

information, see 82 FR 24531 (May 30, 

2017). 

Table 8—Additional Regulations 

Approved For The Southwest Clean Air 

Agency (SWCAA) Jurisdiction 

• Southwest Clean Air Agency, 

SWCAA 400, General Regulations for 

Air Pollution Sources, sections 400–052 

(Stack Sampling of Major Combustion 

Sources), 400–090 (Voluntary Limits on 

Emissions), 400–100 (Registration and 

Operating Permits), and 400–101 

(Sources Exempt from Registration 

Requirements). For more information, 

see 82 FR 17136 (April 10, 2017). 

• Washington Administrative Code, 

Chapter 173–400, General Regulations 

for Air Pollution Sources, sections 173– 

400–010 (Policy and Purpose), 173– 

400–020 (Applicability), 173–400–030 

(Definitions), 173–400–040 (General 

Standards for Maximum Emissions), 

173–400–050 (Emission Standards for 

Combustion and Incineration Units), 

173–400–060 (Emission Standards for 

General Process Units), 173–400–070 

(Emission Standards for Certain Source 

Categories), 173–400–081 (Startup and 

Shutdown), 173–400–091 (Voluntary 

Limits on Emissions), 173–400–100 

(Registration), 173–400–105 (Records, 

Monitoring and Reporting), 173–400– 

107 (Excess Emissions), 173–400–110 

(New Source Review (NSR)), 173–400– 

112 (Requirements for New Sources in 

Nonattainment Areas), 173–400–113 

(Requirements for New Sources in 

Attainment or Unclassifiable Areas), 

173–400–151 (Retrofit Requirements for 

Visibility Protection), 173–400–161 

(Compliance Schedules), 173–400–171 

(Public Involvement), 173–400–190 

(Requirements for Nonattainment 

Areas), 173–400–200 (Creditable Stack 

Height & Dispersion Techniques), 173– 

400–205 (Adjustment for Atmospheric 

Conditions), and 173–400–210 

(Emission Requirements of Prior 

Jurisdictions). For more information, see 

82 FR 17136 (April 10, 2017). 

Table 9—Additional Regulations 

Approved for the Spokane Regional 

Clean Air Agency (SRCAA) Jurisdiction 

• Spokane Regional Clean Air 

Agency, Regulation I, Article VI— 

Emissions Prohibited, section 6.16 

(Motor Fuel Specifications for 

Oxygenated Gasoline). In a final action 

dated June 29, 2005, the EPA approved 

the request to remove section 6.16 as a 

control measure for the Spokane carbon 

monoxide maintenance area (70 FR 

37269, page 37271). As discussed in the 

preamble for that action, the Spokane 

Regional Clean Air Agency repealed 

section 6.16 on September 1, 2005, with 

a commitment approved as part of the 

maintenance plan they would re-adopt 

section 6.16 should the Spokane area 

violate the carbon monoxide National 

Ambient Air Quality Standards. As part 

of our March 20, 2013 action beginning 

the new IBR procedure for Washington, 

the EPA inadvertently included section 

6.16 as an active control measure under 

40 CFR 52.2470(c). The EPA is now 

correcting that typographical error. 

D. Revised Source-Specific 

Requirements 

• As part of the EPA’s approval of the 

second 10-year carbon monoxide 

limited maintenance plan for the 

Spokane area, we removed the 

associated order and amendment for the 

former Kaiser Aluminum and Chemical 

Corporation’s aluminum reduction plant 

located in Mead, Washington from the 

incorporation by reference because the 

facility had been shut down, 

dismantled, and the operating permit 

had been revoked. For more 

information, see 81 FR 45417 (July 14, 

2016). 

II. EPA Action 

In this action, the EPA is announcing 

the update to the IBR material as of 

November 1, 2018. The EPA is also 

correcting minor typographical errors in 

subsection 52.2470(c), including 

removing SRCAA, Regulation I, section 

6.16 and SWCAA 400–113(5), as 

discussed above. This action also 

corrects the EPA’s approval date for the 

Energy Facilities Site Evaluation 

Council’s incorporation by reference of 

WAC 173–400–060, which was 

inadvertently omitted in our May 30, 

2017 final action (82 FR 24531). Lastly, 

the EPA is rearranging the content of 

subsection 52.2470(e) to organize the 

actions by pollutant and type for clarity. 

The EPA has determined that today’s 

rule falls under the ‘‘good cause’’ 

exemption in section 553(b)(3)(B) of the 

Administrative Procedures Act (APA) 

which, upon finding ‘‘good cause,’’ 

authorizes agencies to dispense with 

public participation and section 

553(d)(3) which allows an agency to 

make a rule effective immediately 

(thereby avoiding the 30-day delayed 

effective date otherwise provided for in 

the APA). Today’s rule simply codifies 

provisions which are already in effect as 

a matter of law in federal and approved 

state programs. Under section 553 of the 

APA, an agency may find good cause 

where procedures are ‘‘impractical, 

unnecessary, or contrary to the public 

interest.’’ Public comment is 

‘‘unnecessary’’ and ‘‘contrary to the 

public interest’’ since the codification 

only reflects existing law. Immediate 

notice in the CFR benefits the public by 

removing outdated citations and 

incorrect table entries. 

III. 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, the EPA is finalizing the 

incorporation by reference of previously 

EPA-approved regulations promulgated 

by Washington and federally-effective 

prior to November 1, 2018. The EPA has 

made, and will continue to make, these 

materials generally available through 

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). 

IV. Statutory and Executive Order 

Reviews 

A. General Requirements 

Under the Clean Air Act (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 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 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); 

• is not an Executive Order 13771 (82 

FR 9339, February 2, 2017) regulatory 

action because SIP approvals are 

exempted under Executive Order 12866; 

• 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.); 


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• does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

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

• is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

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

this action does not involve technical 

standards; and 

• does not provide the EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

The SIP is not approved to apply on 

any Indian reservation land in 

Washington except as specifically noted 

below 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 as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000). Washington’s SIP is 

approved to apply on non-trust land 

within the exterior boundaries of the 

Puyallup Indian Reservation, also 

known as the 1873 Survey Area. Under 

the Puyallup Tribe of Indians 

Settlement Act of 1989, 25 U.S.C. 1773, 

Congress explicitly provided state and 

local agencies in Washington authority 

over activities on non-trust lands within 

the 1873 Survey Area. 

In this rule, the EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is finalizing the 

incorporation by reference of the 

Washington regulations described in the 

amendments to 40 CFR part 52 set forth 

below. The EPA has made, and will 

continue to make, these documents 

generally available electronically 

through www.regulations.gov and/or in 

hard copy at the appropriate EPA office 

(see the ADDRESSES section of this 

preamble for more information). 

B. Submission to Congress and the 

Comptroller General 

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 rule 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. This rule is not a ‘‘major rule’’ 

as defined by 5 U.S.C. 804(2). 

C. Petitions for Judicial Review 

The EPA has also determined that the 

provisions of section 307(b)(1) of the 

CAA pertaining to petitions for judicial 

review are not applicable to this action. 

Prior EPA rulemaking actions for each 

individual component of the 

Washington SIP compilations had 

previously afforded interested parties 

the opportunity to file a petition for 

judicial review in the United States 

Court of Appeals for the appropriate 

circuit within 60 days of such 

rulemaking action. Thus, the EPA sees 

no need in this action to reopen the 60- 

day period for filing such petitions for 

judicial review for this ‘‘Identification of 

plan’’ update action for Washington. 

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 record keeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: November 21, 2018. 

Michelle L. Pirzadeh, 

Acting Regional Administrator, Region 10. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart WW—Washington 

■ 2. Section 52.2470 is amended by: 

■ a. Revising paragraph (b); 

■ b. In paragraph (c): 

i. Revising entry 173–400–060 in 

Table 3. 

ii. Revising entry 400–113 in Table 8. 

iii. Removing entry 6.16 from Table 9. 

■ c. In paragraph (e): 

i. Amending Table 2 by moving the 

entry at the end of the table ‘‘Particulate 

Matter (PM10) 2nd 10-Year Limited 

Maintenance Plan’’ for the Spokane area 

after the entry ‘‘Particulate Matter 

(PM10) 2nd 10-Year Limited 

Maintenance Plan’’ for the Kent, Seattle, 

and Tacoma area. 

ii. Removing the undesignated 

heading ‘‘Recently Approved Plans’’ in 

Table 2. 

The revisions read as follows: 

§ 52.2470 Identification of plan. 

* * * * * 

(b) Incorporation by reference. (1) 

Material listed as incorporated by 

reference in paragraphs (c) and (d) of 

this section with an EPA approved date 

of November 1, 2018, was approved for 

incorporation by reference by the 

Director of the Federal Register in 

accordance with 5 U.S.C. 552(a) and 1 

CFR part 51. The material incorporated 

is as it exists on the date of the approval, 

and notice of any change in the material 

will be published in the Federal 

Register. Entries in paragraphs (c) and 

(d) of this section with EPA approval 

dates on or after November 1, 2018, will 

be incorporated by reference in the next 

update to the SIP compilation. 

(2)(i) EPA Region 10 certifies that the 

rules and regulations provided by the 

EPA at the addresses in paragraph (b)(3) 

of this section are an exact duplicate of 

the officially promulgated state rules 

and regulations which have been 

approved as part of the State 

Implementation Plan as of November 1, 

2018. 

(ii) EPA Region 10 certifies that the 

following source-specific requirements 

provided by the EPA at the addresses in 

paragraph (b)(3) of this section are an 

exact duplicate of the officially 

promulgated State source-specific 

requirements which have been 

approved as part of the State 

Implementation Plan as of November 1, 

2018. 

(3) Copies of the materials 

incorporated by reference may be 

inspected at the EPA Region 10, 1200 

Sixth Ave., Seattle, WA 98101; or at the 

National Archives and Records 

Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, 

or go to: https://www.archives.gov/ 

federal-register/cfr/ibr-locations.html. 

(c) * * * 


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TABLE 3—ADDITIONAL REGULATIONS APPROVED FOR THE ENERGY FACILITIES SITE EVALUATION COUNCIL (EFSEC) 

JURISDICTION

[See the SIP-approved provisions of WAC 463–78–020 for jurisdictional applicability] 

State citation Title/subject 

State 

effective 

date 

EPA approval date Explanations 

*******

Washington Administrative Code, Chapter 173–400 Regulations Incorporated by Reference in WAC 463–78–005 

*******

173–400–060 .. Emission Standards for General 

Process Units.

2/10/05 5/30/17, 82 FR 24531.

*******

* * * * * 

TABLE 8—ADDITIONAL REGULATIONS APPROVED FOR THE SOUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION

[Applicable in Clark, Cowlitz, Lewis, Skamania and Wahkiakum counties, excluding facilities subject to Energy Facilities 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 WAC 173–405–012, 173–410–012, and 173–415–012] 

State/local 

citation Title/subject 

State/local 

effective 

date 

EPA approval date Explanations 

Southwest Clean Air Agency Regulations 

SWCAA 400—General Regulations for Air Pollution Sources 

*******

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

Attainment or Nonclassifiable 

Areas.

10/09/16 04/10/17, 82 FR 17136 .................. Except: 400–113(5). 

*******

* * * * * 

[FR Doc. 2018–27774 Filed 2–7–19; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 63 

[EPA–HQ–OAR–2017–0358; FRL–9988–69– 

OAR] 

RIN 2060–AT66 

National Emission Standards for 

Hazardous Air Pollutants: Friction 

Materials Manufacturing Facilities 

Residual Risk and Technology Review 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This action finalizes the 

residual risk and technology review 

(RTR) conducted for the Friction 

Materials Manufacturing Facilities 

source category regulated under 

national emission standards for 

hazardous air pollutants (NESHAP). In 

addition, we are taking final action 

addressing periods of startup, 

shutdown, and malfunction (SSM). We 

are finalizing our proposed 

determination that the risks from the 

category are acceptable and that the 

current NESHAP provides an ample 

margin of safety to protect public health. 

We identified no new cost-effective 

controls under the technology review to 

achieve further emissions reductions. 

These final amendments include 

amendments to revise reporting 

requirements for deviations. These 

amendments are made under the 

authority of the Clean Air Act (CAA) 

and will improve the effectiveness of 

the rule. The amendments are 

environmentally neutral. 

DATES: This final rule is effective on 

February 8, 2019. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OAR–2017–0358. All 

documents in the docket are listed on 

the https://www.regulations.gov 

website. Although listed, some 

information is not publicly available, 

e.g., confidential business information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

https://www.regulations.gov, or in hard 

copy at the EPA Docket Center, EPA 

WJC West Building, Room Number 

3334, 1301 Constitution Ave. NW, 

Washington, DC. The Public Reading 

Room hours of operation are 8:30 a.m. 

to 4:30 p.m. Eastern Standard Time 

(EST), Monday through Friday. The 

telephone number for the Public 

Reading Room is (202) 566–1744, and 

the telephone number for the Docket 

Center is (202) 566–1742. 


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