### 838 Federal Register / Vol. 80, No. 4 / Wednesday, January 7, 2015 / Proposed Rules

**ENVIRONMENTAL PROTECTION AGENCY** 

**40 CFR Part 52**

**[EPA–R10–OAR–2014–0755: FRL–9921–20– Region 10]** 

**Approval and Promulgation of Implementation Plans; Washington:**  **Prevention of Significant Deterioration and Visibility Protection** 

**AGENCY :**  Environmental Protection Agency.

**ACTION :**  Proposed rule.

**SUMMARY :**  The Environmental Protection Agency (EPA) is proposing to approve revisions to the Washington State Implementation Plan (SIP) that were submitted by the Department of Ecology (Ecology) on January 27, 2014. These revisions implement the preconstruction permitting regulations for large industrial (major source) facilities in attainment and unclassifiable areas, called the Prevention of Significant Deterioration (PSD) program. Currently, the PSD program in Washington is operated under a Federal Implementation Plan (FIP). If finalized, the EPA’s proposed approval of Ecology’s PSD program would narrow the current FIP to include only those few facilities, emission categories, and geographic areas for which Ecology does not have PSD permitting jurisdiction. The EPA is also proposing to approve Ecology’s visibility protection permitting program which overlaps significantly with the PSD program in most cases.

**DATES :**  Comments must be received on or before February 6, 2015.

**ADDRESSES :**  Submit your comments, identified by Docket ID No. EPA–R10– OAR–2014–0755, by any of the following methods:

A. www.regulations.gov: Follow the on-line instructions for submitting

comments.

B. Mail: Jeff Hunt, EPA Region 10, Office of Air, Waste and Toxics (AWT– 150), 1200 Sixth Avenue, Suite 900, Seattle, WA 98101.

C. Email: R10-Public

_Comments@

epa.gov

.

D. Hand Delivery: EPA Region 10 Mailroom, 9th Floor, 1200 Sixth Avenue, Suite 900, Seattle, WA 98101. Attention: Jeff Hunt, Office of Air, Waste and Toxics, AWT–150. Such deliveries are only accepted during normal hours of operation, and special arrangements should be made for deliveries of boxed information.

Instructions: Direct your comments to Docket ID No. EPA–R10–OAR–2014– 0755. The EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information the disclosure of which is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through www.regulations.gov or email. The www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means the EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to the EPA without going through www.regulations.gov your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, the EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If the EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, the EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses.

Docket: All documents in the electronic docket are listed in the www.regulations.gov index. Although listed in the index, some information is not publicly available, i.e., CBI or other information the disclosure of which is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically in www.regulations.gov or in hard copy during normal business hours at the Office of Air, Waste and Toxics, EPA Region 10, 1200 Sixth Avenue, Seattle, WA 98101.

**FOR FURTHER INFORMATION CONTACT :**  Jeff Hunt at (206) 553–0256, hunt.jeff@

epa.gov, or by using the above EPA, Region 10 address.

**SUPPLEMENTARY INFORMATION :**  Throughout this document wherever ‘‘we’’, ‘‘us’’ or ‘‘our’’ are used, it is intended to refer to the EPA.

Table of Contents

I. Background for Proposed Action II. Washington SIP Revisions

A. WAC 173–400–110, New Source Review

(NSR) for Sources and Portable Sources; WAC 173–400–111, Processing Notice of Construction Applications for Sources, Stationary Sources and Portable Sources; WAC 173–400–112, Requirements for
New Sources in Nonattainment Areas— Review for Compliance With Regulations; and WAC 173–400–113
New Sources in Attainment or Unclassifiable Areas—Review for Compliance With Regulations B. WAC 173–400–700, Review of Major

Stationary Sources of Air Pollution C. WAC 173–400–710, Definitions D. WAC 173–400–720, Prevention of

Significant Deterioration (PSD) E. WAC 173–400–730, Prevention of

Significant Deterioration Application Processing Procedures F. WAC 173–400–740, PSD Permitting

Public Involvement Requirements and WAC 173–400–171, Public Notice and Opportunity for Public Comment G. WAC 173–400–750, Revisions to PSD

Permits H. WAC 173–400–116, Increment

Protection I. WAC 173–400–117, Special Protection

Requirements for Federal Class I Areas J. Personnel, Funding, and Authority III. Effect of Recent Court Decisions Vacating and Remanding Certain Federal Rules A. Sierra Club v. EPA B. Utility Air Regulatory Group v. EPA IV. The EPA’s Proposed Action

A. Rules To Approve into the SIPB. Proposed Transfer of Existing EPAIssued PSD Permits C. Scope of Proposed Action D. The EPA’s Oversight Role 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) that apply to sources within Ecology’s jurisdiction, including minor new source review, major source nonattainment new source review (major NNSR), PSD, and the visibility protection (visibility) program. On October 3, 2014, the EPA finalized approval of provisions contained in Chapter 173–400 WAC that apply generally to all sources under Ecology’s jurisdiction, but stated that we wouldact separately on the major sourcespecific permitting programs in a phased approach (79 FR 59653). On November 7, 2014, the EPA finalized the second phase in the series, approving the major NNSR regulations contained in WAC 173–400–800 through 173–400– 860, as well as other parts of Chapter 173–400 WAC that support major NNSR (79 FR 66291).

In this proposal, the third and final phase in the series, the EPA is proposing to approve the remainder of Ecology’s January 27, 2014 submittal, covering the PSD and visibility requirements for major stationary sources under Ecology’s jurisdiction.