11204 Federal Register / Vol. 86, No. 35 / Wednesday, February 24, 2021 / Proposed Rules 

TABLE 1 OF § 165.801—SECTOR OHIO VALLEY ANNUAL AND RECURRING SAFETY ZONES—Continued 

Date Sponsor/name Sector Ohio Valley 

location Safety zone 

85. 3 days—Second or third 

week in September.

Wheeling Heritage Port 

Sternwheel Festival 

Foundation/Wheeling 

Heritage Port Sternwheel 

Festival.

Wheeling, WV ................ Ohio River, Miles 90.2–90.7 (West Virginia). 

86. 1 day—One weekend in 

September.

Boomtown Days—Fireworks Nitro, WV ....................... Kanawha River, Miles 43.1–44.2 (West Virginia). 

87. 1 day—One weekend in 

September.

Ohio River Sternwheel Festival Committee fireworks.Marietta, OH .................. Ohio River, Miles 171.5–172.5 (Ohio). 

88. 1 day—One weekend in 

September.

Tribute to the River ............. Point Pleasant, WV ........ Ohio River, Miles 264.6–265.6 (West Virginia). 

89. 1 day—One weekend in 

September.

Aurora Fireworks ................ Aurora, IN ...................... Ohio River, Mile 496.3–497.3 (Ohio). 

90. 1 day—Last two weekends in September.Cabana on the River .......... Cincinnati, OH ................ Ohio River, Mile 483.2–484.2 (Ohio). 

91. Multiple days—September through January.University of Pittsburgh Athletic Department/University of Pittsburgh Fireworks.Pittsburgh, PA ................ Ohio River, Miles 0.0–0.1, Monongahela River, Miles 

0.0–0.1, Allegheny River, Miles 0.0–0.25 (Pennsylvania). 

92. 1 day—First three 

weeks of October.

Leukemia & Lymphoma Society/Light the Night.Pittsburgh, PA ................ Ohio River, Mile 0.0–0.5, Allegheny River, Mile 0.0–0.5, 

and Monongahela River, Mile 0.0–0.5 (Pennsylvania). 

93. 1 day in October ........... Leukemia and Lymphoma 

Society/Light the Night 

Walk Fireworks.

Nashville, TN ................. Cumberland River, Miles 189.7–192.1 (Tennessee). 

94. 1 day—First two weeks 

in October.

Yeatman’s Fireworks .......... Cincinnati, OH ................ Ohio River, Miles 469.0–470.5 (Ohio). 

95. 1 day in October ........... Outdoor Chattanooga/Swim 

the Suck.

Chattanooga, TN ........... Tennessee River, Miles 452.0–454.5 (Tennessee). 

96. 1 day in October ........... Chattajack ........................... Chattanooga, TN ........... Tennessee River, Miles 462.7–465.5 (Tennessee). 

97. 1 day—One weekend in 

October.

West Virginia Motor Car 

Festival.

Charleston, WV .............. Kanawha River, Miles 58–59 (West Virginia). 

98. 2 days—One of the last 

three weekends in October.

Monster Pumpkin Festival .. Pittsburgh, PA ................ Allegheny River, Mile 0.0–0.25 (Pennsylvania). 

99. 1 day—Friday before 

Thanksgiving.

Pittsburgh Downtown Partnership/Light Up Night.Pittsburgh, PA ................ Allegheny River, Miles 0.0–1.0 (Pennsylvania). 

100. 1 day—Friday before 

Thanksgiving.

Kittanning Light Up Night 

Firework Display.

Kittanning, PA ................ Allegheny River, Miles 44.5–45.5 (Pennsylvania). 

101. 1 day—Friday before 

Thanksgiving.

Santa Spectacular/Light up 

Night.

Pittsburgh, PA ................ Ohio River, Mile 0.0–0.5, Allegheny River, Mile 0.0–0.5, 

and Monongahela River, Mile 0.0–0.5 (Pennsylvania). 

102. 1 day—Friday before 

Thanksgiving.

Monongahela Holiday Show Monongahela, PA .......... Ohio River, Miles 31.5–32.5 (Pennsylvania). 

103. 1 day in November ..... Friends of the Festival/ 

Cheer at the Pier.

Chattanooga, TN ........... Tennessee River, Miles 462.7–465.2 (Tennessee). 

104. 1 day—Third week of 

November.

Gallipolis in Lights ............... Gallipolis, OH ................. Ohio River, Miles 269.2–270 (Ohio). 

105. 1 day—December 31 .. Pittsburgh Cultural Trust/ 

Highmark First Night 

Pittsburgh.

Pittsburgh, PA ................ Allegheny River, Miles 0.5–1.0 (Pennsylvania). 

106. 7 days—Scheduled 

home games.

University of Tennessee/UT 

Football Fireworks.

Knoxville, TN .................. Tennessee River, Miles 645.6–648.3 (Tennessee). 

* * * * * 

Dated: Febuary 2, 2021. 

A.M. Beach, 

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

Port Sector Ohio Valley. 

[FR Doc. 2021–02671 Filed 2–23–21; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2020–0650: FRL–10019– 

28–Region 10] 

Air Plan Approval; Washington; 

Spokane Regional Clean Air Agency 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

revision to the Washington State 

Implementation Plan (SIP) that was 

submitted by the Department of Ecology 

(Ecology) in coordination with the 

Spokane Regional Clean Air Agency 

(SRCAA). This proposed revision 

updates the SIP with local SRCAA 

regulations that apply in lieu of, or in 

supplement to, Ecology’s statewide 

general air quality regulations for 

SRCAA’s jurisdiction. We are also 

proposing to approve SRCAA’s adoption 

by reference of certain Ecology general 

air quality regulations, which do not 

have local agency replacement 


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1The EPA approved subsequent, minor updates 

to Chapter 173–400 WAC on September 29, 2016 

(81 FR 66823), October 6, 2016 (81 FR 69385), and 

February 24, 2020 (85 FR 10302). 

2For a more detailed discussion see page 39352 

of the EPA’s proposed approval of WAC 173–400– 

020 (79 FR 39351, July 10, 2014). 

3See 85 FR 10301 (February 24, 2020). For those 

Chapter 173–400 WAC provisions not requested for 

approval at this time, we will retain our prior June 

2, 1995 (60 FR 28726) approval of those provisions 

for SRCAA’s jurisdiction. These provisions include 

WAC 173–400–030(24) [subsequently renumbered 

to 173–400–030(32)], 173–400–040(1)(a) & (b) 

[subsequently renumbered to 173–400–040(2)(a) & 

(b)], 173–400–070, WAC 173–400–081, and WAC 

173–400–107. We will also retain our June 2, 1995, 

approval for WAC 173–400–161, 173–400–190, 

173–400–205, and 173–400–210 because these 

provisions have not changed since our last 

approval. 

corollaries, to apply in SRCAA’s 

jurisdiction. 

DATES: Written comments must be 

received on or before March 26, 2021. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R10– 

OAR–2020–0650 at https://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

The EPA may publish any comment 

received to its public docket. Do not 

submit electronically any information 

you consider to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e., on the web, cloud, or 

other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

https://www.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: Jeff 

Hunt, EPA Region 10, 1200 Sixth 

Avenue—Suite 155, Seattle, WA 98101, 

at (206) 553–0256, or hunt.jeff@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

intended to refer to the EPA. This 

supplementary information section is 

arranged as follows: 

Table of Contents 

I. Background for Proposed Action 

II. The Submitted SRCAA Regulations 

A. Article I—Policy, Short Title, and 

Definitions 

B. Article II—General Provisions 

C. Article IV—Registration 

D. Article V—New Source Review for 

Stationary Sources and Portable Sources 

E. Article VI—Emissions Prohibited 

III. The EPA’s Proposed Action 

A. Regulations To Approve and 

Incorporate by Reference Into the SIP 

B. Approved but Not Incorporated by 

Reference Regulations 

C. Regulations To Remove From the SIP 

D. Scope of Proposed Action 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. Background for Proposed Action 

On January 27, 2014, Ecology 

submitted revisions to update the 

general air quality regulations contained 

in Chapter 173–400 Washington 

Administrative Code (WAC), which the 

EPA approved in three phases on 

October 3, 2014 (79 FR 59653), 

November 7, 2014 (79 FR 66291), and 

April 29, 2015 (80 FR 23721).1 Under 

the revised applicability provisions of 

WAC 173–400–020 approved into the 

SIP on October 3, 2014, the regulations 

contained in Chapter 173–400 WAC 

apply statewide, ‘‘. . . except for 

specific subsections where a local 

authority has adopted and implemented 

corresponding local rules that apply 

only to sources subject to local 

jurisdiction as provided under Revised 

Code of Washington (RCW) 70.94.141 

and 70.94.331.’’ 2 Therefore, the EPA’s 

approval of Ecology’s January 2014 

submittal applied only to geographic 

areas and source categories under 

Ecology’s direct jurisdiction. We stated 

that we would address the revised 

Chapter 173–400 WAC regulations as 

they apply to local clean air agency 

jurisdictions on a case-by-case basis in 

separate, future actions. 

On November 24, 2020, the Director 

of Ecology, as the Governor’s designee 

for SIP revisions, submitted a request to 

update the air quality regulations in the 

SIP as they apply to SRCAA’s 

jurisdiction in 40 CFR 52.2470(c), Table 

9—Additional Regulations Approved for 

the Spokane Regional Clean Air Agency 

(SRCAA) Jurisdiction. SRCAA’s 

jurisdiction applies within Spokane 

County, excluding certain facilities 

discussed in section III.D. Scope of 

Proposed Action of this document. 

SRCAA’s jurisdiction also excludes 

Indian reservation land or any other 

area where the EPA or an Indian tribe 

has demonstrated that a tribe has 

jurisdiction. 

Appendix A of the SIP revision show 

how the submitted regulatory updates 

would apply to SRCAA’s jurisdiction. 

These revisions can be summarized in 

two categories. The first category 

consists of local SRCAA regulations 

submitted for approval into the SIP. 

These SRCAA provisions can apply in 

lieu of, or serve as a supplement to, the 

statewide Chapter 173–400 WAC 

provisions. The second category 

consists of Chapter 173–400 WAC 

provisions adopted by reference in 

SRCAA Regulation I, subsection 

2.14(A)(1). The EPA’s proposed 

approval of the Chapter 173–400 WAC 

provisions adopted by reference for 

SRCAA’s jurisdiction would be subject 

to the same general exceptions that 

apply to Ecology’s direct jurisdiction. 

For example, as part of the January 2014 

submittal of Chapter 173–400 WAC, 

Ecology did not submit for approval 

those provisions related to the 

regulation of toxic air pollutants or odor 

because such provisions are outside the 

scope of SIPs under Clean Air Act 

(CAA) section 110. Lastly, the EPA has 

not yet acted upon all updates to 

Chapter 173–400 WAC. Therefore, 

SRCAA and Ecology only requested 

approval of those WAC provisions that 

the EPA already approved for Ecology’s 

direct jurisdiction.3

II. The Submitted SRCAA Regulations 

The EPA last approved updates to the 

SRCAA regulations on September 28, 

2015 (80 FR 58216) and April 12, 2016 

(81 FR 21471). The 2015 and 2016 SIP 

revisions pertained primarily to solid 

fuel burning devices and particulate 

matter controls. In this proposed 

revision to the SIP, SRCAA and Ecology 

submitted the following general 

provisions and corollaries to Chapter 

173–400 WAC as described below. 

A. Article I—Policy, Short Title, and 

Definitions 

SRCAA and Ecology submitted 

sections 1.01 Policy, 1.02 Name of 

Agency and 1.03 Short Title for approval 

and incorporation in the SIP. 

Subsections 1.01(A) Agency and 

Jurisdiction and 1.01(B) Public Policy 

replace WAC 173–400–010 Policy and 

Purpose. We note that subsection 

1.01(C)(1) Applicability supplements 

but does not replace WAC 173–400–020 

Applicability. Therefore, the EPA is 

proposing to approve both subsection 

1.01(C)(1) and the most recent update to 

WAC 173–400–020, adopted by 

reference, to apply within SRCAA’s 

jurisdiction. Subsection 1.01(C)(2) 

specifies ‘‘Agency regulations that have 

been or will be approved by the United 

States Environmental Protection Agency 

(EPA) for inclusion in the Washington 

State Implementation Plan (SIP) apply 

for purposes of Washington’s SIP, only 

to the following: (a) Those air 

contaminants for which the EPA has 


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4For more information please see the EPA’s 

review of Article I included in the docket for this 

proposed action. 

5See Benton Clean Air Agency (80 FR 71695, 

November 17, 2015), Energy Facility Site Evaluation 

Council (82 FR 24533, May 30, 2017), Northwest 

Clean Air Agency (85 FR 36154, June 15, 2020), 

Puget Sound Clean Air Agency (85 FR 22355, April 

22, 2020), and Southwest Clean Air Agency (82 FR 

17139, April 10, 2017). 

6Not all state regulations cited in subsections 

2.14(A)(2) through (11) pertain to the regulation of 

criteria air pollutants under CAA section 110, nor 

do they apply universally to all geographic areas. 

Please see 40 CFR 52.2470(c) Table 1 for more 

information about the EPA’s approval of the state 

regulations. 

established National Ambient Air 

Quality Standards (NAAQS) and 

precursors to such NAAQS pollutants as 

determined by the EPA for the 

applicable geographic area; and (b) Any 

additional air contaminants that are 

required to be regulated under Part C of 

Title I of the Federal Clean Air Act 

(FCAA), relating to prevention of 

significant deterioration and visibility, 

but only for the purpose of meeting the 

requirements of Part C of Title I of the 

FCAA or to the extent those additional 

air contaminants are regulated in order 

to avoid such requirements.’’ Subsection 

1.01(C)(2) is consistent with the EPA’s 

prior approval of Chapter 173–400 WAC 

(see 79 FR 59653, October 3, 2014). 

SRCAA and Ecology submitted 

section 1.04 General Definitions to 

replace the corresponding definitions 

contained in WAC 173–400–030. A 

redline/strikeout analysis of the section 

1.04 definitions compared to the WAC 

173–400–030 definitions is included in 

the docket for this action. Both sets of 

definitions are consistent, with minor 

wording changes for clarity or to reflect 

local agency implementation. Although 

the definitions in section 1.04 generally 

mirror the WAC 173–400–030 

definitions, not all WAC 173–400–030 

definitions appear in section 1.04. In 

these instances, SRCAA adopted by 

reference the following WAC 173–400– 

030 definitions in subsection 2.14(A)(1) 

and submitted them for approval in the 

SIP: Adverse Impact on Visibility; 

Capacity Factor; Class I Area; Dispersion 

Technique; Emission Threshold; Excess 

Stack Height; Existing Stationary 

Facility; Federal Class I Area; Federal 

Land Manager; Fossil Fuel-fired Steam 

Generator; General Process Unit; 

Greenhouse Gases; Industrial Furnace; 

Mandatory Class I Federal Area; Natural 

Conditions; Projected Width; 

Reasonably Attributable; Sulfuric Acid 

Plant; and Wood Waste. Consistent with 

our prior approvals of Chapter 173–400 

WAC, SRCAA did not submit 

definitions related to toxic air pollutants 

or odors, because they are outside the 

scope of SIPs under CAA section 110. 

As previously noted, the EPA has not 

acted upon all updates to Chapter 173– 

400 WAC. Therefore, SRCAA and 

Ecology requested approval for only 

those WAC definitions, or SRCAA 

corollaries to those definitions, that the 

EPA already approved for Ecology’s 

direct jurisdiction.4

Lastly, SRCAA submitted section 1.05 

Acronym Index for approval in the SIP. 

We note that many of the acronyms 

relate to program areas outside the 

scope of the SIP such as Toxic Air 

Pollutant (TAP) and are provided for 

informational purposes only. 

B. Article II—General Provisions 

Article II primarily contains SRCAA’s 

general implementation and 

enforcement authorities. As noted in 

previous approval actions, the EPA 

reviews and approves state and local 

clean air agency submissions to ensure 

they provide adequate enforcement 

authority and other general authority to 

implement and enforce the SIP. 

However, regulations describing such 

agency enforcement and other general 

authority are generally not incorporated 

by reference to avoid potential conflict 

with the EPA’s independent 

authorities.5 Therefore, we are 

proposing to approve, but not 

incorporate by reference into the SIP, 

sections 2.01 Powers and Duties of the 

Board, 2.02 Control Office’s Duties and 

Powers [section 2.02(E) replaces WAC 

173–400–105(3)], 2.03 Confidential or 

Proprietary Information, 2.04 Violations 

[replaces WAC 173–400–230(1) & (6)], 

2.05 Orders and Hearings, 2.06 Appeal 

of Board Orders [replaces WAC 173– 

400–250], 2.10 Severability, 2.11 

Penalties, Civil Penalties, and 

Additional Means for Enforcement 

[replaces WAC 173–400–230(2) & (3)], 

and 2.12 Restraining Orders— 

Injunctions [replaces WAC 173–400– 

230(4)]. 

In addition to the Article II general 

implementation and enforcement 

authorities described above, SRCAA and 

Ecology submitted sections or 

subsections 2.08(E), 2.08(F), 2.09, 2.13, 

and 2.14(A)(1) to be approved and 

incorporated by reference into the SIP, 

making these provisions federally 

enforceable upon EPA approval. 

Specifically, subsection 2.08(E) False 

Statements replaces 173–400–105(6); 

subsection 2.08(F) Render Inaccurate 

replaces WAC 173–400–105(8); section 

2.09 contains SRCAA’s source testing 

requirements and replaces WAC 173– 

400–105(4); and subsection 2.13(A) 

adopts by reference federal regulations 

cited in Regulation I as they existed on 

January 1, 2020. As part of SRCAA’s 

adoption by reference of the WAC in 

section 2.14, SRCAA explicitly did not 

adopt by reference WAC 173–400–025 

Adoption of Federal Rules in order to 

avoid conflicting with subsubsection 

2.13(A). Therefore, for this proposed 

approval, references to ‘‘in effect on the 

date in WAC 173–400–025’’ as part of 

the SRCAA’s adoption by reference of 

Chapter 173–400 WAC is understood to 

be January 1, 2020, consistent with 

subsection 2.13(A). Similarly, section 

2.13(B) establishes the adoption by 

reference date of state regulations cited 

in section 2.14, as January 1, 2020, 

unless a different date is listed in 

section 2.14. 

Subsection 2.14(A)(1) lists the specific 

Chapter 173–400 WAC provisions 

adopted by reference for SRCAA’s 

jurisdiction. As previously noted, the 

regulations contained in Chapter 173– 

400 WAC apply statewide except for 

specific subsections where a local 

authority has adopted and implemented 

corresponding local rules. A table listing 

the Chapter 173–400 WAC provisions 

adopted by reference and proposed for 

approval in SRCAA’s jurisdiction is 

included in section III of this proposal. 

We note that subsections 2.14(A)(2) 

through (11) apply in SRCAA’s 

jurisdiction according to the terms of 

the relevant state regulations already 

approved into the SIP and do not need 

to be included as part of the local 

agency SIP submission.6 Similarly, the 

adoption by reference of federal 

provisions in sections 2.16, 2.17, 2.18 

and 2.19 are already applicable as 

federal requirements and are typically 

not submitted or approved as part of a 

state or local air agency SIP. 

C. Article IV—Registration 

SRCAA uses a registration-based, 

source category approach in section 4.04 

Stationary Sources and Source 

Categories Subject to Registration for 

determining new source review (NSR) 

applicability under Article V New 

Source Review for Stationary Sources 

and Portable Sources. This approach 

mirrors the Chapter 173–400 WAC 

structure currently approved by the EPA 

for SRCAA’s jurisdiction (60 FR 28726, 

June 2, 1995). In our July 10, 2014, 

proposed approval of revisions to 

Chapter 173–400 WAC for Ecology’s 

direct jurisdiction, Ecology requested, 

and the EPA approved, removal of 

Ecology’s registration program as a 

means of determining NSR applicability 

in the SIP (see 79 FR 39351, at page 

39354). Instead, Ecology moved to an 

exemption-based NSR applicability 

structure using emission unit and 


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7For a more detailed discussion, please see our 

proposed rulemaking (79 FR 39351, July 10, 2014, 

at page 39354). 

8The EPA approved WAC 173–400–800 through 

173–400–860 for Ecology’s direct permitting 

jurisdiction on November 7, 2014 (79 FR 59653), 

with minor revisions to reflect updated federal 

citations on October 6, 2016 (81 FR 69385). In 

connection with our November 7, 2014 approval, 

we reviewed WAC 173–400–800 through 173–400– 

860 pursuant to the federal regulatory requirements 

in existence at that time, and discussed the fact that 

the EPA’s 2008 PM2.5 New Source Review Rule (73 

FR 28321, May 16, 2008), had been remanded to the 

EPA by the U.S. Court of Appeals for the District 

of Columbia Circuit. See 79 FR 43345, 43347 (July 

25, 2014) (proposed action); 79 FR 59653 (final 

action). EPA’s 2008 PM2.5 New Source Review Rule 

has since been replaced by a revised 

implementation rule published August 24, 2016, 

which imposed additional NNSR requirements for 

PM2.5 nonattainment areas (81 FR 58010). Because 

there are currently no nonattainment areas within 

NWCAA’s jurisdiction or Washington State for any 

criteria pollutant, including PM2.5, the EPA did not 

review WAC 173–400–800 through 173–400–860 

for consistency with the newly revised PM2.5

implementation rule; nor does Ecology or NWCAA 

have an obligation to submit rule revisions to 

address the 2016 PM2.5 implementation rule at this 

time. However, we note that the federal major 

stationary source NNSR requirements remain 

unchanged for all other criteria pollutants since our 

review and approval of WAC 173–400–800 through 

173–400–860. 

9 In our approval of WAC 173–400–040 for 

Ecology’s direct jurisdiction, Ecology did not 

submit, and the EPA did not approve, WAC 173– 

400–040(5) Odors because that section was not 

related to criteria pollutants regulated under title I 

of the CAA, not essential for meeting and 

maintaining the NAAQS, or not related to the 

requirements for SIPs under section 110 of the 

CAA. See 79 FR 39351, July 10, 2014, at page 

39353. 

activity exemptions in WAC 173–400– 

110(4) and exemptions based on 

emissions thresholds in WAC 173–400– 

110(5), which the EPA approved on 

October 3, 2014 (79 FR 59653). We note 

that subsection 4.04(A)(5)(a) contains 

emissions thresholds equivalent to, or 

more stringent than, the corresponding 

NSR applicability emission exemption 

levels in WAC 173–400–110(5). We also 

note that subsection 4.04(A)(5) applies 

to any stationary source or stationary 

source category not otherwise 

identified, making SRCAA’s NSR 

program more stringent than the 

emission unit and activity exemptions 

in WAC 173–400–110(4). Because 

SRCAA’s NSR program continues to be 

based on the applicability of its 

registration program, we are proposing 

to approve and incorporate by reference 

in the SIP section 4.04, except for those 

provisions related to the regulation of 

toxic air pollutants or odors which are 

outside the scope of the SIP. In addition 

to section 4.04, the other sections or 

subsections SRCAA submitted for 

approval are 4.03(B) Exemption 

Documentation, 4.03(C) Compliance 

with Regulation I, and 4.05 Closure of a 

Stationary Source or Emission Units, all 

provisions of its registration program 

used for NSR applicability. 

The other provisions of SRCAA’s 

registration program do not impose air 

pollution control requirements on 

sources or implement or enforce federal 

requirements. As discussed in the EPA’s 

removal of WAC 173–400–100 

Registration from the SIP for Ecology’s 

direct jurisdiction, these remaining 

registration provisions are not required 

SIP elements (79 FR 59653, October 3, 

2014).7 Therefore, SRCAA did not 

submit these other provisions as part of 

its SIP and requested that the EPA 

remove the citation to WAC 173–400– 

100 in the SIP for SRCAA’s jurisdiction. 

D. Article V—New Source Review for 

Stationary Sources and Portable 

Sources 

As discussed above, section 4.04 in 

combination with section 5.02 New 

Source Review—Applicability and when 

Required replaces WAC 173–400–110 

New Source Review (NSR) for Sources 

and Portable Sources in determining 

NSR applicability for sources under 

SRCAA’s jurisdiction. Similarly, 

sections 5.04 Information Required, 5.06 

Application Completeness 

Determination, 5.07 Processing NOC 

Applications for Stationary Sources, 

5.10 Changes to an Order of Approval 

or Permission to Operate, 5.13 Order of 

Approval Construction Time Limits, and 

5.14 Appeals, collectively, replace the 

permitting procedures in WAC 173– 

400–111 Processing Notice of 

Construction Applications for Sources, 

Stationary Sources and Portable 

Sources. Lastly, sections 5.05 Public 

Involvement and 5.08 Portable Sources 

replace WAC 173–400–171 Public 

Notice and Opportunity for Public 

Comment and WAC 173–400–036 

Relocation of Portable Sources, 

respectively. An analysis of the SRCAA 

provisions with the corresponding WAC 

corollaries they replace is included in 

the docket for this action. SRCAA and 

Ecology also submitted for approval 

sections 5.09 Operating Requirements 

for Order of Approval and Permission to 

Operate, 5.11 Notice of Startup of a 

Stationary Source or a Portable Source, 

5.12 Work Done Without an Approval, 

and 5.15 Obligation to Comply, all of 

which have no direct corollary under 

Chapter 173–400 WAC. For other new 

source review permitting requirements 

SRCAA relies on the adoption by 

reference of Chapter 173–400 WAC. 

As discussed in section III.D Scope of 

Proposed Action of this document, 

Ecology and the Energy Facility Site 

Evaluation Council (EFSEC) have direct 

permitting authority for certain source 

categories, including the Prevention of 

Significant Deterioration (PSD) new 

source review permitting program for 

major stationary sources in attainment 

and unclassifiable areas. In these cases, 

SRCAA retains citations to the PSD 

program, implemented under WAC 

173–400–700 through 173–400–750, for 

purposes such as working on permit 

coordination with Ecology, enforcing 

existing PSD permit conditions not yet 

incorporated into Title V permits, and 

determining violations for inspected 

facilities that failed to obtain the 

necessary PSD permits. However, 

SRCAA is not requesting, and the EPA 

is not proposing to approve, the 

authority to issue PSD permits under 

WAC 173–400–700 through 173–400– 

750 for SRCAA’s direct permitting 

jurisdiction. 

With respect to stationary sources in 

nonattainment areas, SRCAA does not 

currently have a designated 

nonattainment area. In the event that a 

nonattainment area is designated in the 

future, SRCAA adopts by reference the 

following WAC provisions for 

implementation of the nonattainment 

new source review (NNSR) program, 

and the accompanying visibility 

permitting requirements for major 

stationary sources: WAC 173–400–112 

Requirements for New Sources in 

Nonattainment Areas—Review for 

Compliance with Regulations, WAC 

173–400–117 Special Protection 

Requirements for Federal Class I Areas, 

WAC 173–400–131 Issuance of 

Emission Reduction Credits, 173–400– 

136 Use of Emission Reduction Credits 

(ERC), as well as the major stationary 

source NNSR provisions contained in 

WAC 173–400–800 through 173–400– 

860.8

E. Article VI—Emissions Prohibited 

As part of the SIP revision, SRCAA 

and Ecology submitted only those 

Article VI provisions which are 

corollaries to, or supplement, certain 

SIP-approved provisions contained in 

WAC 173–400–040 General Standards 

for Maximum Emissions. Specifically, 

SRCAA and Ecology submitted 

subsection 6.04(C) Emissions 

Detrimental to Persons or Property as a 

direct replacement for the equivalent 

corollary in WAC 173–400–040(6). 

SRCAA and Ecology also submitted 6.04 

subsections (A), (B), and (H) to 

supplement and implement subsection 

6.04(C). However, SRCAA and Ecology 

did not submit the odor-related 

provisions of section 6.04 because these 

provisions are outside the scope of the 

SIP.9 SRCAA and Ecology also 

submitted sections 6.05 Particulate 

Matter and Preventing Particulate 


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Matter from Becoming Airborne (except 

subsection A), 6.14 Standards for 

Control of Particulate Matter on Paved 

Surfaces, and 6.15 Standards for 

Control of Particulate Matter on 

Unpaved Roads to supplement but not 

replace corresponding corollary 

provisions in WAC 173–400–040(4) and 

(9). We note that the EPA previously 

approved these provisions on April 12, 

2016 (81 FR 21471). The resubmitted 

versions contain minor edits to clarify 

geographic applicability and improve 

readability. Lastly, SRCAA and Ecology 

submitted section 6.07 Emission of Air 

Contaminant Concealment and Masking 

Restricted which is a nearly verbatim 

replacement of WAC 173–400–040(8) 

Concealment and Masking. An analysis 

of the Article VI provisions submitted 

for approval is included in the docket 

for this action. 

III. The EPA’s Proposed Action 

A. Regulations To Approve and 

Incorporate by Reference Into the SIP 

The EPA is proposing to approve and 

incorporate by reference into the 

Washington SIP at 40 CFR 52.2470(c), 

Table 9—Additional Regulations 

Approved for the Spokane Regional 

Clean Air Agency (SRCAA) Jurisdiction, 

the SRCAA and Ecology regulations 

listed in Tables 1 and 2 for sources 

under SRCAA’s jurisdiction. 

TABLE 1—SPOKANE REGIONAL CLEAN AIR AGENCY (SRCAA) REGULATIONS FOR PROPOSED APPROVAL AND

INCORPORATION BY REFERENCE

State/local 

citation Title/subject State/local effective date Explanation 

1.01 ................... Policy .............................................. 09/01/20 Subsections (A) and (B) replace WAC 173–400–010. 

1.02 ................... Name of Agency ............................. 09/01/20 

1.03 ................... Short Title ....................................... 09/01/20 

1.04 ................... General Definitions ......................... 09/01/20 Except subsections (17), (41), (52), (60), (74), (101), (112), (119), and 

(122). Section 1.04 replaces WAC 173–400–030 except the WAC 

173–400–030 definitions list below. 

1.05 ................... Acronym Index ............................... 09/01/20 

2.08 ................... Falsification of Statements or Documents, and Treatment of Documents.09/01/20 Subsections (E) and (F) only. Subsection (E) replaces WAC 173–400– 

105(6). Subsection (F) replaces WAC 173–400–105(8). 

2.09 ................... Source Tests .................................. 09/01/20 Section 2.09 replaces WAC 173–400–105(4). 

2.13 ................... Federal and State Regulation Reference Date.09/01/20 Subsection (A) replaces WAC 173–400–025. 

2.14 ................... Washington Administrative Codes 

(WACS).

09/01/20 Subsection (A)(1) only, and only with respect to those revised Chapter 

173–400 WAC provisions that are identified for incorporation by reference in the table below. 

4.03 ................... Registration Exemptions ................ 09/01/20 Subsections (B) and (C) only. 

4.04 ................... Stationary Sources and Source 

Categories Subject to Registration.

09/01/20 Except subsections (A)(3)(u), (A)(3)(v), (A)(5)(b), (A)(5)(e)(9), or any 

other provision as it relates to the regulation of toxic air pollutants or 

odors. 

4.05 ................... Closure of a Stationary Source or 

Emissions Unit(s).

09/01/20 

5.02 ................... New Source Review—Applicability 

and when Required.

09/01/20 Except subsections (C)(5) and (I). Section 5.02 Replaces WAC 173– 

400–110. Subsection (F) replaces WAC 173–400–111(2). 

5.03 ................... NOC and PSP Fees ....................... 09/01/20 

5.04 ................... Information Required ...................... 09/01/20 Except subsection (A)(8). Collectively, sections 5.04, 5.06, 5.07, 5.10, 

5.13, and 5.14 replace the permitting procedures in WAC 173–400– 

111. 

5.05 ................... Public Involvement ......................... 09/01/20 Except subsection (C)(15). Section 5.05 replaces WAC 173–400–171. 

5.06 ................... Application Completeness Determination.09/01/20 Collectively, sections 5.04, 5.06, 5.07, 5.10, 5.13, and 5.14 replace the 

permitting procedures in WAC 173–400–111. 

5.07 ................... Processing NOC Applications for 

Stationary Sources.

09/01/20 Except subsections (A)(1)(g) and (B). Collectively, sections 5.04, 5.06, 

5.07, 5.10, 5.13, and 5.14 replace the permitting procedures in WAC 

173–400–111, and subsection 5.07(A)(7) replaces WAC 173–400– 

110(2)(a). 

5.08 ................... Portable Sources ............................ 09/01/20 Except subsection (A)(6). Section 5.08 replaces WAC 173–400–036. 

5.09 ................... Operating Requirements for Order 

of Approval and Permission to 

Operate.

09/01/20 Except subsection (C). 

5.10 ................... Changes to an Order of Approval 

or Permission to Operate.

09/01/20 Collectively, sections 5.04, 5.06, 5.07, 5.10, 5.13, and 5.14 replace the 

permitting procedures in WAC 173–400–111. 

5.11 ................... Notice of Startup of a Stationary 

Source or a Portable Source.

09/01/20 

5.12 ................... Work Done Without an Approval ... 09/01/20 

5.13 ................... Order of Approval Construction 

Time Limits.

09/01/20 Collectively, sections 5.04, 5.06, 5.07, 5.10, 5.13, and 5.14 replace the 

permitting procedures in WAC 173–400–111. 

5.14 ................... Appeals ........................................... 09/01/20 Collectively, sections 5.04, 5.06, 5.07, 5.10, 5.13, and 5.14 replace the 

permitting procedures in WAC 173–400–111. 

5.15 ................... Obligation to Comply ...................... 09/01/20 

6.04 ................... Emission of Air Contaminant: Detriment to Person or Property.09/01/20 Subsections (A), (B), (C), and (H) only and excepting provisions in 

RCW 70.94.640 (incorporated by reference) that relate to odor. Subsection (C) replaces WAC 173–400–040(6). 


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TABLE 1—SPOKANE REGIONAL CLEAN AIR AGENCY (SRCAA) REGULATIONS FOR PROPOSED APPROVAL AND

INCORPORATION BY REFERENCE—Continued 

State/local 

citation Title/subject State/local effective date Explanation 

6.05 ................... Particulate Matter and Preventing 

Particulate Matter from Becoming Airborne.

09/01/20 Except subsection (A). Section 6.05 supplements but does not replace 

WAC 173–400–040(4) and (9). 

6.07 ................... Emission of Air Contaminant Concealment and Masking Restricted.09/01/20 Section 6.07 replaces WAC 173–400–040(8). 

6.14 ................... Standards for Control of Particulate 

Matter on Paved Surfaces.

09/01/20 Section 6.14 supplements but does not replace WAC 173–400–040(9). 

6.15 ................... Standards for Control of Particulate 

Matter on Unpaved Roads.

09/01/20 Section 6.15 supplements but does not replace WAC 173–400–040(9). 

Table 2 shows the Chapter 173–400 

WAC provisions adopted by reference in 

Regulation I, subsection 2.14(A)(1) that 

SRCAA and Ecology submitted to apply 

within SRCAA’s jurisdiction. We note 

that many of the exclusions listed below 

are identical to the exclusions for 

Ecology’s direct jurisdiction. We also 

note that SRCAA and Ecology did not 

submit updates to all the Chapter 173– 

400 WAC provisions. For these 

remaining provisions we will retain our 

prior approval of the WAC (60 FR 

28726, June 2, 1995). 

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

REFERENCE

State/local 

citation Title/subject State/local effective date Explanation 

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

173–400–020 .... Applicability ..................................... 12/29/12 

173–400–030 .... Definitions ....................................... 9/16/18 Only the following definitions: Adverse Impact on Visibility; Capacity 

Factor; Class I Area; Dispersion Technique; Emission Threshold; 

Excess Stack Height; Existing Stationary Facility; Federal Class I 

Area; Federal Land Manager; Fossil Fuel-fired Steam Generator; 

General Process Unit; Greenhouse Gases; Industrial Furnace; Mandatory Class I Federal Area; Natural Conditions; Projected Width; 

Reasonably Attributable; Sulfuric Acid Plant; and Wood Waste. 

173–400–040 .... General Standards for Maximum 

Emissions.

9/16/18 Except: 173–400–040(2); 173–400–040(3); 173–400–040(5); 173– 

400–040(6); 173–400–040(8). 

173–400–050 .... Emission Standards for Combustion and Incineration Units.9/16/18 Except: 173–400–050(2); 173–400–050(4); 173–400–050(5); 173– 

400–050(6). 

173–400–060 .... Emission Standards for General 

Process Units.

11/25/18 

173–400–091 .... Voluntary Limits on Emissions ....... 4/1/11 9/20/93 version continues to be approved under the authority of CAA 

Section 112(l) with respect to Section 112 hazardous air pollutants. 

See 60 FR 28726 (June 2, 1995). 

173–400–105 .... Records, Monitoring, and Reporting.11/25/18 Except: 173–400–105(3); 173–400–105(4); 173–400–105(6); 173– 

400–105(8). 

173–400–112 .... Requirements for New Sources in 

Nonattainment Areas—Review 

for Compliance with Regulations.

12/29/12 

173–400–113 .... New Sources in Attainment or 

Unclassifiable Areas—Review for 

Compliance with Regulations.

12/29/12 Except: 173–400–113(3), second sentence. 

173–400–117 .... Special Protection Requirements 

for Federal Class I Areas.

12/29/12 

173–400–118 .... Designation of Class I, II, and III 

Areas.

12/29/12 

173–400–131 .... Issuance of Emission Reduction 

Credits.

4/1/11 

173–400–136 .... Use of Emission Reduction Credits 

(ERC).

4/1/11 

173–400–151 .... Retrofit Requirements for Visibility 

Protection.

2/10/05 

173–400–175 .... Public Information ........................... 2/10/05 

173–400–200 .... Creditable Stack Height and Dispersion Techniques.2/10/05 

173–400–560 .... General Order of Approval ............. 12/29/12 Except: The part of 173–400–560(1)(f) that says, ‘‘173–460 WAC’’.


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10See ‘‘Repeal of Regulation II, Section 4.01’’ 

included in the docket. 

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

REFERENCE—Continued 

State/local 

citation Title/subject State/local effective date Explanation 

173–400–800 .... Major Stationary Source and Major 

Modification in a Nonattainment 

Area.

4/1/11 EPA did not review WAC 173–400–800 through 860 for consistency 

with the August 24, 2016 PM2.5 implementation rule (81 FR 58010); 

nor does SRCAA have an obligation to submit rule revisions to address the 2016 PM2.5 implementation rule at this time. 

173–400–810 .... Major Stationary Source and Major 

Modification Definitions.

7/1/16 

173–400–820 .... Determining if a New Stationary 

Source or Modification to a Stationary Source is Subject to 

these Requirements.

12/29/12 

173–400–830 .... Permitting Requirements ................ 7/1/16 

173–400–840 .... Emission Offset Requirements ....... 7/1/16 

173–400–850 .... Actual Emissions Plantwide Applicability.

Limitation (PAL) ..............................

7/1/16 

173–400–860 .... Public Involvement Procedures ...... 4/1/11 

B. Approved but Not Incorporated by 

Reference Regulations 

As discussed above, we are proposing 

to approve the following updates to 

SRCAA’s general provisions for 

inclusion in 40 CFR 52.2470(e), Table 

1—Approved but Not Incorporated by 

Reference Regulations: sections 2.01 

Powers and Duties of the Board, 2.02 

Control Office’s Duties and Powers 

[section 2.02(E) replaces WAC 173–400– 

105(3)], 2.03 Confidential or Proprietary 

Information, 2.04 Violations [replaces 

WAC 173–400–230(1) & (6)], 2.05 

Orders and Hearings, 2.06 Appeal of 

Board Orders [replaces WAC 173–400– 

250], 2.10 Severability, 2.11 Penalties, 

Civil Penalties, and Additional Means 

for Enforcement [replaces WAC 173– 

400–230(2) & (3)], and 2.12 Restraining 

Orders—Injunctions [replaces WAC 

173–400–230(4)]. We also note that 

SRCAA adopts by reference WAC 173– 

400–220 Requirements for Board 

Members,173–400–230 Regulatory 

Actions, 173–400–240 Criminal 

Penalties, 173–400–250 Appeals, and 

173–400–260 Conflict of Interest to 

apply within its jurisdiction in the 

approved but not incorporated by 

reference section of the SIP. 

C. Regulations To Remove From the SIP 

We are proposing to remove from the 

SIP for SRCAA’s jurisdiction any 

formerly approved Chapter 173–400 

WAC provisions which are replaced by 

local agency corollaries as described 

above. We are also proposing to remove 

WAC 173–400–100 Registration from 

the SIP for SRCAA’s jurisdiction 

because it is not a required SIP element 

as described above in the discussion of 

Article IV. Lastly, we are proposing to 

remove the outdated and subsequently 

repealed Regulation II, section 4.01 

because these requirements were 

replaced by SRCAA’s adoption by 

reference of WAC 173–400–050 and 

WAC 173–400–060.10

D. Scope of Proposed Action 

This proposed revision to the SIP 

applies specifically to the SRCAA 

jurisdiction incorporated into the SIP at 

40 CFR 52.2470(c)—Table 9. As 

discussed in our October 3, 2014 action, 

local air agency jurisdiction in 

Washington is generally defined on a 

geographic basis; however, there are 

exceptions (79 FR 59653, at page 

59654). By statute, SRCAA does not 

have authority for sources under the 

jurisdiction of EFSEC. See Revised Code 

of Washington Chapter 80.50. Under the 

applicability provisions of WAC 173– 

405–012, 173–410–012, and 173–415– 

012, SRCAA also does not have 

jurisdiction for kraft pulp mills, sulfite 

pulping mills, and primary aluminum 

plants. For these sources, Ecology 

retains statewide, direct jurisdiction. 

Ecology and EFSEC also retain 

statewide, direct jurisdiction for issuing 

PSD permits, as previously discussed. 

Therefore, the EPA is not approving into 

40 CFR 52.2470(c)—Table 9 those 

provisions of Chapter 173–400 WAC 

related to the PSD program. Specifically, 

these provisions are WAC 173–400–116 

and WAC 173–400–700 through 173– 

400–750, which the EPA has already 

approved as applying state-wide under 

40 CFR 52.2470(c)—Tables 2 and 3. 

As described in our April 29, 2015 

action, jurisdiction to implement the 

visibility permitting program contained 

in WAC 173–400–117 varies depending 

on the situation. Ecology retains 

authority to implement WAC 173–400– 

117 as it relates to PSD permits. See 80 

FR 23721. However, for facilities that 

may be subject to major NNSR under the 

applicability provisions of WAC 173– 

400–800, adopted by reference, we are 

proposing that SRCAA would be 

responsible for implementing those 

parts of WAC 173–400–117 as they 

relate to major NNSR permits. See 80 FR 

23726. If finalized, the EPA is also 

proposing to modify the visibility 

protection Federal Implementation Plan 

contained in 40 CFR 52.2498 to reflect 

the approval of WAC 173–400–117 as it 

applies to implementation of the major 

NNSR program in SRCAA’s jurisdiction. 

Lastly, this SIP revision is not 

approved to apply on any Indian 

reservation land within Spokane County 

and is also not approved to apply in any 

other area where the EPA or an Indian 

tribe has demonstrated that a tribe has 

jurisdiction. 

IV. Incorporation by Reference 

In this document, the EPA is 

proposing to include regulatory text in 

an EPA final rule that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is proposing to 

incorporate by reference the regulations 

shown in the tables in section III.A of 

this document. Regulations to Approve 

and Incorporate by Reference into the 

SIP and the rules proposed for removal 

from the SIP in section III.C. Regulations 

to Remove from the SIP of this 

document. The EPA has made, and will 

continue to make, these materials 

generally available through https://

www.regulations.gov and at the EPA 

Region 10 Office (please contact the 

person identified in the FOR FURTHER


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INFORMATION CONTACT section of this 

preamble for more information). 

V. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, the 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely proposes to approve state law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

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

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

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

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

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

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

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

this action does not involve technical 

standards; and 

• Does not provide the EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

As discussed above, the SIP is not 

approved to apply on any Indian 

reservation land in within Spokane 

county, or any other area where the EPA 

or an Indian tribe has demonstrated that 

a tribe has jurisdiction as described 

above in section III.D of this document. 

In those areas of Indian country, the rule 

does not have tribal implications and 

will not impose substantial direct costs 

on tribal governments or preempt tribal 

law as specified by Executive Order 

13175 (65 FR 67249, November 9, 2000). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: February 9, 2021. 

Michelle L. Pirzadeh, 

Acting Regional Administrator, Region 10. 

[FR Doc. 2021–03035 Filed 2–23–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2020–0739; FRL–10020– 

10–Region 8] 

Approval and Promulgation of 

Implementation Plans; South Dakota; 

Revisions to Air Rules of South Dakota 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

State Implementation Plan (SIP) 

revision submitted by the State of South 

Dakota on January 3, 2020 that revises 

the Administrative Rules of South 

Dakota (ARSD), Air Pollution Control 

Program, updating the chapter 

pertaining to definitions. The EPA is 

taking this action pursuant to the Clean 

Air Act (CAA). 

DATES: Written comments must be 

received on or before March 26, 2021. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R08– 

OAR–2020–0739, to the Federal 

Rulemaking Portal: https://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from 

www.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. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

electronically in www.regulations.gov. 

To reduce the risk of COVID–19 

transmission, for this action we do not 

plan to offer hard copy review of the 

docket. Please email or call the person 

listed in the FOR FURTHER INFORMATION

CONTACT section if you need to make 

alternative arrangements for access to 

the docket. 

FOR FURTHER INFORMATION CONTACT: Kate 

Gregory, (303) 312–6175, gregory.kate@

epa.gov. Mail can be directed to the Air 

and Radiation Division, U.S. EPA, 

Region 8, Mail-code 8ARD–QP, 1595 

Wynkoop Street, Denver, Colorado 

80202–1129. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

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

the EPA. 

I. Background 

On January 3, 2020 the State of South 

Dakota submitted proposed revisions 

and additions to the ARSD. In this 

action, we are proposing to approve the 

additions to the ARSD pertaining to the 

definitions section. 

II. EPA’s Evaluation 

On January 3, 2020 the EPA received 

revisions for the ARSD for the State of 

South Dakota. The submittal was signed 

by the Governor and received a 30-day 

State public comment period starting on 

November 26, 2019 (no requests were 

made for a public hearing). The EPA is 

proposing to approve the revisions to 

the ARSD, specifically the additions to 

the definitions section, for the State of 

South Dakota submitted by the State on 

January 3, 2020 in this action. 


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