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 SIP 

B. 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 would 

act 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. 


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