Federal Register / Vol. 80, No. 221 / Tuesday, November 17, 2015 / Rules and Regulations 71695 

Also, this rule does not have tribal 

implications under E.O. 13175, 

Consultation and Coordination with 

Indian Tribal Governments, because it 

does not have a substantial direct effect 

on one or more Indian tribes, on the 

relationship between the Federal 

Government and Indian tribes, or on the 

distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. If you 

believe this rule has implications for 

federalism or Indian tribes, please 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section 

above. 

E. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such expenditure, we 

do discuss the effects of this rule 

elsewhere in this preamble. 

F. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.1D, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321–4370f), and have 

determined that this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule involves a safety 

zone lasting no more than 36 days. It 

will prohibit entry within all navigable 

waters within a 2000-ft radius of an 

unexploded ordnance detonation zone 

identified by law enforcement vessels 

showing flashing blue lights in the 

vicinity of Passage Key Air-to-Ground 

Gunnery Range located in Manatee 

County, FL. It is categorically excluded 

from further review under paragraph 

34(g) of Figure 2–1 of the Commandant 

Instruction. An environmental analysis 

checklist supporting this determination 

and a Categorical Exclusion 

Determination are available in the 

docket where indicated under 

ADDRESSES. We seek any comments or 

information that may lead to the 

discovery of a significant environmental 

impact from this rule. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to contact the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places or vessels. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 

33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add § 165.T07–0989 to read as 

follows: 

§ 165.T07–0989 Safety Zone; Unexploded 

Ordnance Detonation; Passage Key, FL. 

(a) Regulated areas. The following 

regulated area is a safety zone; all waters 

within a 2000-ft radius of the 

unexploded ordnance detonation zone 

around the Passage Key Air-to-Ground 

Gunnery Range located in Manatee 

County, FL, identified by several law 

enforcement vessels showing flashing 

blue lights. 

(b) Definition. The term ‘‘designated 

representative’’ means Coast Guard 

Patrol Commanders, including Coast 

Guard boat coxswains, petty officers, 

and other officers operating Coast Guard 

vessels, and Federal, state, and local 

officials designated by or assisting the 

Captain of the Port St. Petersburg in the 

enforcement of the regulated areas. 

(c) Enforcement period. This rule is 

effective without actual notice from 

November 17, 2015 through December 

18, 2015. For purposes of enforcement, 

actual notice will be used from 

November 6, 2015 through November 

17, 2015. 

(d) Regulations. (1) All persons and 

vessels desiring to enter or remain 

within the regulated area may contact 

the Captain of the Port St. Petersburg by 

telephone at (727) 824–7524, or a 

designated representative via VHF radio 

on channel 16, to request authorization. 

(2) If authorization to enter or remain 

within the regulated area is granted by 

the Captain of the Port St. Petersburg or 

a designated representative, all persons 

and vessels receiving such authorization 

must comply with the instructions of 

the Captain of the Port St. Petersburg or 

a designated representative. 

Recreational vessels authorized to enter 

the regulated area may be subject to 

boarding and inspection of the vessel 

and persons onboard. 

(3) The Coast Guard will provide 

notice of the regulated area by Local 

Notice to Mariners, and/or on-scene 

designated representatives. 

Dated: November 10, 2015. 

G.D. Case, 

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

Port, St. Petersburg. 

[FR Doc. 2015–29347 Filed 11–16–15; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2015–0600; FRL–9936–97– 

Region 10] 

Approval and Promulgation of 

Implementation Plans; Washington: 

Additional Regulations for the Benton 

Clean Air Agency Jurisdiction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving revisions to 

the Washington State Implementation 

Plan (SIP) that were submitted by the 

Department of Ecology (Ecology) in 

coordination with Benton Clean Air 

Agency (BCAA) on August 25, 2015. In 

the fall of 2014 and spring of 2015, the 

EPA approved numerous revisions to 

Ecology’s general air quality regulations. 

However, our approval of the updated 

Ecology regulations applied only to 

geographic areas where Ecology, and not 

a local air authority, has jurisdiction, 

and statewide to source categories over 

which Ecology has sole jurisdiction. 

This final approval allows BCAA to rely 

primarily on Ecology’s general air 

quality regulations for sources within 

BCAA’s jurisdiction, including 

implementation of the minor new 

source review and nonattainment new 

source review permitting programs. This 

final action also approves of a small set 

of BCAA regulatory provisions that 

replace or supplement parts of Ecology’s 

general air quality regulations. 

DATES: This final rule is effective 

December 17, 2015. 


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71696 Federal Register / Vol. 80, No. 221 / Tuesday, November 17, 2015 / Rules and Regulations 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R10–OAR–2015–0600. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

(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 through http://

www.regulations.gov or in hard copy at 

the Air Programs Unit, Office of Air, 

Waste and Toxics, EPA Region 10, 1200 

Sixth Avenue, Seattle, WA 98101. The 

EPA requests that if at all possible, you 

contact the individual listed in the FOR

FURTHER INFORMATION CONTACT section to 

view the hard copy of the docket. You 

may view the hard copy of the docket 

Monday through Friday, 8:00 a.m. to 

4:00 p.m., excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: For 

information please contact Jeff Hunt at 

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

using the above EPA, Region 10 address. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background Information 

II. Final Action 

III. Incorporation by Reference 

IV. Statutory and Executive Orders Review 

I. Background Information 

On September 15, 2015, the EPA 

proposed to approve revisions to the 

general air quality regulations contained 

in the Washington SIP as they apply to 

BCAA’s jurisdiction (80 FR 55280). An 

explanation of the CAA requirements, a 

detailed analysis of the submittal, and 

the EPA’s reasons for approval were 

provided in the notice of proposed 

rulemaking, and will not be restated 

here. The public comment period for 

this proposed rule ended on October 15, 

2015. The EPA received no comments 

on the proposal. 

II. Final Action 

A. Regulations Approved and 

Incorporated by Reference Into the SIP 

The EPA is approving and 

incorporating by reference into the 

Washington SIP at 40 CFR 52.2470(c)— 

Table 4, ‘‘Additional Regulations 

Approved for the Benton Clean Air 

Agency (BCAA) Jurisdiction’’ the BCAA 

and Ecology regulations listed in the 

tables below for sources within BCAA’s 

jurisdiction. 

APPROVED BENTON CLEAN AIR AGENCY (BCAA) REGULATIONS

State/local 

citation Title/subject State/local effective date Explanation 

Regulation 1 

1.01 ................... Name of Agency ................................................................... 12/11/14 

1.02 ................... Policy and Purpose .............................................................. 12/11/14 Replaces WAC 173–400–010. 

1.03 ................... Applicability ........................................................................... 12/11/14 Replaces WAC 173–400–020. 

4.01(A) .............. Definitions—Fugitive Dust .................................................... 12/11/14 Replaces WAC 173–400–030 (38). 

4.01(B) .............. Definitions—Fugitive Emissions ........................................... 12/11/14 Replaces WAC 173–400–030 (39). 

4.02(B) .............. Particulate Matter Emissions—Fugitive Emissions .............. 12/11/14 Replaces WAC 173–400–040(4). 

4.02(C)(1) .......... Particulate Matter Emissions—Fugitive Dust ....................... 12/11/14 Replaces WAC 173–400–040(9)(a). 

4.02(C)(3) .......... Particulate Matter Emissions—Fugitive Dust ....................... 12/11/14 Replaces WAC 173–400–040(9)(b). 

APPROVED WASHINGTON STATE DEPARTMENT OF ECOLOGY REGULATIONS

State/local 

citation Title/subject State/local effective date Explanation 

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

173–400–030 .... Definitions ............................................................................. 12/29/12 Except: 173–400–030(38); 173–400– 

030(39); 173–400–030(91). 

173–400–036 .... Relocation of Portable Sources ............................................ 12/29/12 

173–400–040 .... General Standards for Maximum Emissions ........................ 4/1/11 Except: 173–400–040(2)(c); 173–400– 

040(2)(d); 173–400–040(3); 173–400– 

040(4); 173–400–040(5); 173–400– 

040(7), second paragraph; 173–400– 

040(9)(a); 173–400–040(9)(b). 

173–400–050 .... Emission Standards for Combustion and Incineration Units 12/29/12 Except: 173–400–050(2); 173–400–050(4); 

173–400–050(5). 

173–400–060 .... Emission Standards for General Process Units ................... 2/10/05 

173–400–070 .... Emission Standards for Certain Source Categories ............ 12/29/12 Except: 173–400–070(7); 173–400–070(8). 

173–400–081 .... Startup and Shutdown .......................................................... 4/1/11 

173–400–091 .... Voluntary Limits on Emissions ............................................. 4/1/11 

173–400–105 .... Records, Monitoring and Reporting ..................................... 12/29/12 

173–400–110 .... New Source Review (NSR) for Sources and Portable 

Sources.

12/29/12 Except: 173–400–110(1)(c)(ii)(C); 173–400– 

110(1)(e); 173–400–110(2)(d); 

—The part of WAC 173–400–110(4)(b)(vi) 

that says, ‘‘not for use with materials containing toxic air pollutants, as listed in 

chapter 173–460 WAC,’’; 


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APPROVED WASHINGTON STATE DEPARTMENT OF ECOLOGY REGULATIONS—Continued 

State/local 

citation Title/subject State/local effective date Explanation 

—The part of 400–110(4)(e)(iii) that says, 

‘‘where toxic air pollutants as defined in 

chapter 173–460 WAC are not emitted’’; 

The part of 400–110(4)(e)(f)(i) that says, 

‘‘that are not toxic air pollutants listed in 

chapter 173–460 WAC’’; 

—The part of 400–110(4)(h)(xviii) that says, 

‘‘, to the extent that toxic air pollutant 

gases as defined in chapter 173–460 

WAC are not emitted’’; 

—The part of 400–110(4)(h)(xxxiii) that 

says, ‘‘where no toxic air pollutants as 

listed under chapter 173–460 WAC are 

emitted’’; 

—The part of 400–110(4)(h)(xxxiv) that 

says, ‘‘, or ≤1% (by weight) toxic air pollutants as listed in chapter 173–460 

WAC’’; The part of 400–110(4)(h)(xxxv) 

that says, ‘‘or ≤1% (by weight) toxic air 

pollutants’’; 

—The part of 400–110(4)(h)(xxxvi) that 

says, ‘‘or ≤1% (by weight) toxic air pollutants as listed in chapter 173–460 WAC’’; 

400–110(4)(h)(xl), second sentence; 

—The last row of the table in 173–400– 

110(5)(b) regarding exemption levels for 

Toxic Air Pollutants. 

173–400–111 .... Processing Notice of Construction Applications for 

Sources, Stationary Sources and Portable Sources.

12/29/12 Except: 173–400–111(3)(h); 

—The part of 173–400–111(8)(a)(v) that 

says, ‘‘and 173–460–040,’’; 173–400– 

111(9). 

173–400–112 .... Requirements for New Sources in Nonattainment Areas— 

Review for Compliance with Regulations.

12/29/12 Except: 173–400–112(8). 

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 Except facilities subject to the applicability 

provisions of WAC 173–400–700. 

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) .......................... 12/29/12 

173–400–151 .... Retrofit Requirements for Visibility Protection ...................... 2/10/05 

173–400–171 .... Public Notice and Opportunity for Public Comment ............ 12/29/12 Except: 

—The part of 173–400–171(3)(b) that says, 

‘‘or any increase in emissions of a toxic 

air pollutant above the acceptable source 

impact level for that toxic air pollutant as 

regulated under chapter 173–460 WAC’’; 

173–400–171(12). 

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

173–400–200 .... Creditable Stack Height & 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’’. 

173–400–800 .... Major Stationary Source and Major Modification in a Nonattainment Area.4/1/11 

173–400–810 .... Major Stationary Source and Major Modification Definitions 12/29/12 

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 ...................................................... 12/29/12 

173–400–840 .... Emission Offset Requirements ............................................. 12/29/12 

173–400–850 .... Actual Emissions Plantwide Applicability Limitation (PAL) .. 12/29/12 

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

B. Regulations Approved But Not 

Incorporated by Reference 

In addition to the regulations 

approved and incorporated by reference 

above, the EPA reviews and approves 

state and local clean air agency 

submissions to ensure they provide 

adequate enforcement authority and 

other general authority to implement 

and enforce the SIP. However, 

regulations describing such agency 

enforcement and other general authority 

are generally not incorporated by 

reference so as to avoid potential 

conflict with the EPA’s independent 


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71698 Federal Register / Vol. 80, No. 221 / Tuesday, November 17, 2015 / Rules and Regulations 

authorities. The EPA reviewed and is 

approving BCAA, Regulation 1, Article 

2, General Provisions, as having 

adequate enforcement and other general 

authority for purposes of implementing 

and enforcing the SIP, but is not 

incorporating this section by reference 

into the SIP codified in 40 CFR 

52.2470(c). Instead, the EPA is 

including sections 2.01, Powers and 

Duties of the Benton Clean Air Agency 

(BCAA); 2.02, Requirements for Board of 

Directors Members (replaces WAC 173– 

400–220); 2.03, Powers and Duties of the 

Board of Directors; 2.04, Powers and 

Duties of the Control Officer; 2.05, 

Severability; and 2.06, Confidentiality of 

Records and Information, in 40 CFR 

52.2470(e), EPA Approved 

Nonregulatory Provisions and QuasiRegulatory Measures, as approved but 

not incorporated by reference regulatory 

provisions. Finally, for the reasons 

discussed above, the EPA is moving 

WAC 173–400–220, Requirements for 

Board Members; WAC 173–400–230, 

Regulatory Actions; WAC 173–400–240, 

Criminal Penalties; WAC 173–400–250, 

Appeals; and WAC 173–400–260, 

Conflict of Interest, currently 

incorporated by reference in 40 CFR 

52.2470(c)—Table 4, to the list of 

provisions in 40 CFR 52.2470(e) that are 

approved but not incorporated by 

reference. 

C. Regulations Removed From the SIP 

The regulations contained in 

Washington’s SIP at 40 CFR 

52.2470(c)—Table 4 were last approved 

by the EPA on June 2, 1995 (60 FR 

28726). The EPA is removing from this 

table WAC 173–400–010 and 173–400– 

020 because these provisions are 

replaced by the BCAA corollaries 1.02, 

Policy and Purpose and 1.03, 

Applicability, as shown in Attachment 2 

of the SIP revision. We are also 

removing WAC 173–400–100, because 

this outdated provision is no longer part 

of the EPA-approved SIP for Ecology’s 

direct jurisdiction under CFR 

52.2470(c)—Table 2 and BCAA has 

requested that it be removed from the 

BCAA’s jurisdiction under CFR 

52.2470(c)—Table 4. For more 

information please see the EPA’s 

proposed (79 FR 39351, July 10, 2014) 

and final (79 FR 59653, October 3, 2014) 

actions on the general provisions of 

Chapter 173–400 WAC. 

D. Scope of Proposed Action 

This revision to the SIP applies 

specifically to the BCAA jurisdiction 

incorporated into the SIP at 40 CFR 

52.2470(c)—Table 4. As discussed in the 

EPA’s October 3, 2014 action on the 

general provisions of Chapter 173–400 

WAC, jurisdiction is generally defined 

on a geographic basis (Benton County); 

however there are exceptions (79 FR 

59653 at page 59654). By statute, BCAA 

does not have authority for sources 

under the jurisdiction of the Energy 

Facilities Site Evaluation Council 

(EFSEC). See Revised Code of 

Washington Chapter 80.50. Under the 

applicability provisions of WAC 173– 

405–012, WAC 173–410–012, and WAC 

173–415–012, BCAA also does not have 

jurisdiction for kraft pulp mills, sulfite 

pulping mills, and primary aluminum 

plants. For these sources, Ecology 

retains statewide, direct jurisdiction. 

Ecology also retains statewide, direct 

jurisdiction for the Prevention of 

Significant Deterioration (PSD) 

permitting program. Therefore, the EPA 

is not approving into 40 CFR 

52.2470(c)—Table 4 those provisions of 

Chapter 173–400 WAC related to the 

PSD program. Specifically, these 

provisions are WAC 173–400–116 and 

WAC 173–400–700 through 750. 

As described in the EPA’s 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 (80 FR 23721 at page 23726). 

However for facilities subject to 

nonattainment new source review 

(NNSR) under the applicability 

provisions of WAC 173–400–800, we are 

approving BCAA to implement those 

parts of WAC 173–400–117 as they 

relate to NNSR permits. See 80 FR 

23726. 

Lastly, the SIP is not approved to 

apply in Indian reservations in the 

State, except for non-trust land within 

the exterior boundaries of the Puyallup 

Indian Reservation (also known as the 

1873 Survey Area), or any other area 

where the EPA or an Indian tribe has 

demonstrated that a tribe has 

jurisdiction. 

III. Incorporation by Reference 

In accordance with the requirements 

of 1 CFR 51.5, the EPA is revising our 

incorporation by reference of 40 CFR 

52.2470(c)—Table 4 ‘‘Additional 

Regulations Approved for the Benton 

Clean Air Agency (BCAA) Jurisdiction’’ 

to reflect the regulations shown in the 

tables in section III.A. Regulations to 

Approve and Incorporate by Reference 

into the SIP and the rules removed from 

the SIP in section III.C. Regulations to 

Remove from the SIP. The EPA has 

made, and will continue to make, these 

documents generally available 

electronically through http://

www.regulations.gov and/or in hard 

copy at the appropriate EPA office (see 

the ADDRESSES section of this preamble 

for more information). 

IV. Statutory and Executive Orders 

Review 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable Federal regulations. 

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

Thus, in reviewing SIP submissions, the 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this 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); 

• 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). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because it will not 

impose substantial direct costs on tribal 


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Federal Register / Vol. 80, No. 221 / Tuesday, November 17, 2015 / Rules and Regulations 71699 

governments or preempt tribal law. This 

SIP revision is not approved to apply in 

Indian reservations in the State or any 

other area where the EPA or an Indian 

tribe has demonstrated that a tribe has 

jurisdiction. 

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 action 

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. A major rule cannot take effect 

until 60 days after it is published in the 

Federal Register. This action is not a 

‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by January 19, 2016. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements. See section 

307(b)(2). 

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: November 3, 2015. 

Dennis J. McLerran, 

Regional Administrator, Region 10. 

For the reasons set forth in the 

preamble, 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. In § 52.2470, revise Table 4 in 

paragraph (c) and Table 1 in paragraph 

(e) to read as follows: 

§ 52.2470 Identification of plan. 

* * * * * 

(c) * * * 

TABLE 4—ADDITIONAL REGULATIONS APPROVED FOR THE BENTON CLEAN AIR AGENCY (BCAA) JURISDICTION

[Applicable in Benton County, 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 173–400–700, 173–405–012, 173–410–012, and 173–415–012] 

State citation Title/subject State effective 

date EPA approval date Explanations 

Benton Clean Air Agency (BCAA) Regulations 

Regulation 1 

1.01 ................... Name of Agency ........................... 12/11/14 11/17/15 [Insert Federal Register 

citation].

1.02 ................... Policy and Purpose ....................... 12/11/14 11/17/15 [Insert Federal Register 

citation].

Replaces WAC 173–400–010. 

1.03 ................... Applicability ................................... 12/11/14 11/17/15 [Insert Federal Register 

citation].

Replaces WAC 173–400–020. 

4.01(A) .............. Definitions—Fugitive Dust ............. 12/11/14 11/17/15 [Insert Federal Register 

citation].

Replaces WAC 173–400–030 

(38). 

4.01(B) .............. Definitions—Fugitive Emissions .... 12/11/14 11/17/15 [Insert Federal Register 

citation].

Replaces WAC 173–400–030 

(39). 

4.02(B) .............. Particulate Matter Emissions—Fugitive Emissions.12/11/14 11/17/15 [Insert Federal Register 

citation].

Replaces WAC 173–400–040(4). 

4.02(C)(1) ......... Particulate Matter Emissions—Fugitive Dust.12/11/14 11/17/15 [Insert Federal Register 

citation].

Replaces WAC 173–400– 

040(9)(a). 

4.02(C)(3) ......... Particulate Matter Emissions—Fugitive Dust.12/11/14 11/17/15 [Insert Federal Register 

citation].

Replaces WAC 173–400– 

040(9)(b). 

Washington Department of Ecology Regulations 

Washington Administrative Code, Chapter 173–400—General Regulations for Air Pollution Sources 

173–400–030 .... Definitions ..................................... 12/29/12 11/17/15 [Insert Federal Register 

citation].

Except: 173–400–030(38); 173– 

400–030(39); 173–400–030(91). 

173–400–036 .... Relocation of Portable Sources .... 12/29/12 11/17/15 [Insert Federal Register 

citation].

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

Emissions.

4/1/11 11/17/15 [Insert Federal Register 

citation].

Except: 173–400–040(2)(c); 173– 

400–040(2)(d); 173–400–040(3); 

173–400–040(4); 173–400– 

040(5); 173–400–040(7), second paragraph; 173–400– 

040(9)(a); 173–400–040(9)(b). 

173–400–050 .... Emission Standards for Combustion and Incineration Units.12/29/12 11/17/15 [Insert Federal Register 

citation].

Except: 173–400–050(2); 173– 

400–050(4); 173–400–050(5). 


wgreen on DSK2VPTVN1PROD with RULES
71700 Federal Register / Vol. 80, No. 221 / Tuesday, November 17, 2015 / Rules and Regulations 

TABLE 4—ADDITIONAL REGULATIONS APPROVED FOR THE BENTON CLEAN AIR AGENCY (BCAA) JURISDICTION— 

Continued 

[Applicable in Benton County, 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 173–400–700, 173–405–012, 173–410–012, and 173–415–012] 

State citation Title/subject State effective 

date EPA approval date Explanations 

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

Process Units.

2/10/05 11/17/15 [Insert Federal Register 

citation].

173–400–070 .... Emission Standards for Certain 

Source Categories.

12/29/12 11/17/15 [Insert Federal Register 

citation].

Except: 173–400–070(7); 173– 

400–070(8). 

173–400–081 .... Startup and Shutdown .................. 4/1/11 11/17/15 [Insert Federal Register 

citation].

173–400–091 .... Voluntary Limits on Emissions ...... 4/1/11 11/17/15 [Insert Federal Register 

citation].

173–400–105 .... Records, Monitoring and Reporting.12/29/12 11/17/15 [Insert Federal Register 

citation].

173–400–107 .... Excess Emissions ......................... 9/20/93 6/2/95, 60 FR 28726.

173–400–110 .... New Source Review (NSR) for 

Sources and Portable Sources.

12/29/12 11/17/15 [Insert Federal Register 

citation].

Except: 173–400–110(1)(c)(ii)(C); 

173–400–110(1)(e); 173–400– 

110(2)(d); 

—The part of WAC 173–400– 

110(4)(b)(vi) that says, ‘‘not for 

use with materials containing 

toxic air pollutants, as listed in 

chapter 173–460 WAC,’’; 

—The part of 400–110(4)(e)(iii) 

that says, ‘‘where toxic air pollutants as defined in chapter 

173–460 WAC are not emitted’’; 

The part of 400–110(4)(e)(f)(i) 

that says, ‘‘that are not toxic air 

pollutants listed in chapter 173– 

460 WAC’’; 

—The part of 400–110(4)(h)(xviii) 

that says, ‘‘, to the extent that 

toxic air pollutant gases as defined in chapter 173–460 WAC 

are not emitted’’; 

—The part of 400–110(4)(h)(xxxiii) 

that says, ‘‘where no toxic air 

pollutants as listed under chapter 173–460 WAC are emitted’’; 

—The part of 400–110(4)(h)(xxxiv) 

that says, ‘‘, or ≤1% (by weight) 

toxic air pollutants as listed in 

chapter 173–460 WAC’’; 

—The part of 400–110(4)(h)(xxxv) 

that says, ‘‘or ≤1% (by weight) 

toxic air pollutants’’; 

—The part of 400–110(4)(h)(xxxvi) 

that says, ‘‘or ≤ 1% (by weight) 

toxic air pollutants as listed in 

chapter 173–460 WAC’’; 400– 

110(4)(h)(xl), second sentence; 

—The last row of the table in 

173–400–110(5)(b) regarding 

exemption levels for Toxic Air 

Pollutants. 

173–400–111 .... Processing Notice of Construction 

Applications for Sources, Stationary Sources and Portable 

Sources.

12/29/12 11/17/15 [Insert Federal Register 

citation].

Except: 173–400–111(3)(h); 

—The part of 173–400– 

111(8)(a)(v) that says, ‘‘and 

173–460–040,’’; 173–400– 

111(9). 

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

Nonattainment Areas—Review 

for Compliance with Regulations.

12/29/12 11/17/15 [Insert Federal Register 

citation].

Except: 173–400–112(8). 

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

Unclassifiable Areas—Review 

for Compliance with Regulations.

12/29/12 11/17/15 [Insert Federal Register 

citation].

Except: 173–400–113(3), second 

sentence. 

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

for Federal Class I Areas.

12/29/12 11/17/15 [Insert Federal Register 

citation].

Except facilities subject to the applicability provisions of WAC 

173–400–700. 


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Federal Register / Vol. 80, No. 221 / Tuesday, November 17, 2015 / Rules and Regulations 71701 

TABLE 4—ADDITIONAL REGULATIONS APPROVED FOR THE BENTON CLEAN AIR AGENCY (BCAA) JURISDICTION— 

Continued 

[Applicable in Benton County, 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 173–400–700, 173–405–012, 173–410–012, and 173–415–012] 

State citation Title/subject State effective 

date EPA approval date Explanations 

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

Areas.

12/29/12 11/17/15 [Insert Federal Register 

citation].

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

Credits.

4/1/11 11/17/15 [Insert Federal Register 

citation].

173–400–136 .... Use of Emission Reduction Credits (ERC).12/29/12 11/17/15 [Insert Federal Register 

citation].

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

Protection.

2/10/05 11/17/15 [Insert Federal Register 

citation].

173–400–161 .... Compliance Schedules ................. 3/22/91 6/2/95, 60 FR 28726.

173–400–171 .... Public Notice and Opportunity for 

Public Comment.

12/29/12 11/17/15 [Insert Federal Register 

citation].

Except: 

—The part of 173–400–171(3)(b) 

that says, ‘‘or any increase in 

emissions of a toxic air pollutant 

above the acceptable source 

impact level for that toxic air 

pollutant as regulated under 

chapter 173–460 WAC’’; 173– 

400–171(12). 

173–400–175 .... Public Information ......................... 2/10/05 11/17/15 [Insert Federal Register 

citation].

173–400–190 .... Requirements for Nonattainment 

Areas.

3/22/91 6/2/95, 60 FR 28726.

173–400–200 .... Creditable Stack Height & Dispersion Techniques.2/10/05 11/17/15 [Insert Federal Register 

citation].

173–400–205 .... Adjustment for Atmospheric Conditions.3/22/91 6/2/95, 60 FR 28726.

173–400–210 .... Emission Requirements of Prior 

Jurisdictions.

3/22/91 6/2/95, 60 FR 28726.

173–400–560 .... General Order of Approval ........... 12/29/12 11/17/15 [Insert Federal Register 

citation].

Except: 

—The part of 173–400–560(1)(f) 

that says, ‘‘173–460 WAC’’. 

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

Major Modification in a Nonattainment Area.

4/1/11 11/17/15 [Insert Federal Register 

citation].

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

Major Modification Definitions.

12/29/12 11/17/15 [Insert Federal Register 

citation].

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

Source or Modification to a Stationary Source is Subject to 

these Requirements.

12/29/12 11/17/15 [Insert Federal Register 

citation].

173–400–830 .... Permitting Requirements .............. 12/29/12 11/17/15 [Insert Federal Register 

citation].

173–400–840 .... Emission Offset Requirements ..... 12/29/12 11/17/15 [Insert Federal Register 

citation].

173–400–850 .... Actual Emissions Plantwide Applicability Limitation (PAL).12/29/12 11/17/15 [Insert Federal Register 

citation].

173–400–860 .... Public Involvement Procedures .... 4/1/11 11/17/15 [Insert Federal Register 

citation].

* * * * * (e) * * * 

TABLE 1—APPROVED BUT NOT INCORPORATED BY REFERENCE STATUTES AND REGULATIONS

State citation Title/subject State effective 

date EPA approval date Explanations 

Washington Department of Ecology Regulations 

173–433–200 .... Regulatory Actions and Penalties 10/18/90 1/15/93, 58 FR 4578.

173–400–220 .... Requirements for Board Members 3/22/91 6/2/95, 60 FR 28726.

173–400–230 .... Regulatory Actions ........................ 3/20/93 6/2/95, 60 FR 28726.

173–400–240 .... Criminal Penalties ......................... 3/22/91 6/2/95, 60 FR 28726.

173–400–250 .... Appeals ......................................... 9/20/93 6/2/95, 60 FR 28726.


wgreen on DSK2VPTVN1PROD with RULES
71702 Federal Register / Vol. 80, No. 221 / Tuesday, November 17, 2015 / Rules and Regulations 

TABLE 1—APPROVED BUT NOT INCORPORATED BY REFERENCE STATUTES AND REGULATIONS—Continued 

State citation Title/subject State effective 

date EPA approval date Explanations 

173–400–260 .... Conflict of Interest ......................... 3/22/91 6/2/95, 60 FR 28726.

Olympic Region Clean Air Agency Regulations 

8.1.6 .................. Penalties ....................................... 5/22/10 10/3/13, 78 FR 61188.

Spokane Regional Clean Air Agency Regulations 

8.11 ................... Regulatory Actions and Penalties 09/02/14 09/28/15, 80 FR 58217.

Benton Clean Air Agency Regulations 

2.01 ................... Powers and Duties of the Benton 

Clean Air Agency (BCAA).

12/11/14 11/17/15 [Insert Federal Register 

citation].

2.02 ................... Requirements for Board of Directors Members.12/11/14 11/17/15 [Insert Federal Register 

citation].

Replaces WAC 173–400–220. 

2.03 ................... Powers and Duties of the Board of 

Directors.

12/11/14 11/17/15 [Insert Federal Register 

citation].

2.04 ................... Powers and Duties of the Control 

Officer.

12/11/14 11/17/15 [Insert Federal Register 

citation].

2.05 ................... Severability .................................... 12/11/14 11/17/15 [Insert Federal Register 

citation].

2.06 ................... Confidentiality of Records and Information.12/11/14 11/17/15] [Insert Federal Register 

citation].

* * * * * 

[FR Doc. 2015–29180 Filed 11–16–15; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 2, 15, 74, 87, and 90 

[GN Docket Nos. 14–166 and 12–268; FCC 

15–100] 

Promoting Spectrum Access for 

Wireless Microphone Operations 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: In this document, the 

Commission takes several steps to 

accommodate the long-term needs of 

wireless microphone users. Wireless 

microphones play an important role in 

enabling broadcasters and other video 

programming networks to serve 

consumers, including as they cover 

breaking news and live sports events. 

They enhance event productions in a 

variety of settings—including theaters 

and music venues, film studios, 

conventions, corporate events, houses of 

worship, and internet webcasts. They 

also help create high quality content 

that consumers demand and value. In 

particular, the Commission provides 

additional opportunities for wireless 

microphone operations in the TV bands 

following the upcoming incentive 

auction, and provides new 

opportunities for wireless microphone 

operations to access spectrum in other 

frequency bands where they can share 

use of the bands without harming 

existing users. 

DATES: Effective December 17, 2015, 

except for the amendments to 

§§ 15.37(k) and 74.851(l), which contain 

new or modified information collection 

requirements that require approval by 

the OMB under the Paperwork 

Reduction Act (PRA). The Commission 

will publish a document in the Federal 

Register announcing the effective date 

of the amendments when OMB 

approves. The incorporation by 

reference listed in the rule is approved 

by the Director of the Federal Register 

as of December 17, 2015. 

FOR FURTHER INFORMATION CONTACT: Paul 

Murray, Office of Engineering and 

Technology, (202) 418–0688, email: 

Paul.Murray@fcc.gov, TTY (202) 418– 

2989. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Report 

and Order (R&O), FCC 15–100, adopted 

August 5, 2015, and released August 11, 

2015. The full text of this document is 

available for inspection and copying 

during normal business hours in the 

FCC Reference Center (Room CY–A257), 

445 12th Street SW., Washington, DC 

20554. The full text may also be 

downloaded at: www.fcc.gov. People 

with Disabilities: To request materials in 

accessible formats for people with 

disabilities (braille, large print, 

electronic files, audio format), send an 

email to fcc504@fcc.gov or call the 

Consumer & Governmental Affairs 

Bureau at 202–418–0530 (voice), 202– 

418–0432 (tty). 

Summary of Report and Order 

1. The repurposing of broadcast 

television band spectrum for wireless 

services set forth in the Incentive 

Auction R&O, 79 FR 48441, August 15, 

2014, will significantly alter the 

regulatory environment in which 

wireless microphones operate. 

Currently, wireless microphone users 

rely heavily on access to unused 

channels in the television bands. 

Following the incentive auction, with 

the repacking of the television band and 

the repurposing of current television 

spectrum for wireless services, there 

will be fewer frequencies in the UHF 

band available for use for wireless 

microphone operations. The 

Commission took several steps in the 

Incentive Auction R&O to accommodate 

wireless microphone operations— 

including providing more opportunities 

to access spectrum on the channels that 

will remain allocated for television postauction and making the 600 MHz Band 

guard bands available for wireless 

microphone operations—while also 

recognizing that the reduction of total 

available UHF band spectrum will 

require many wireless microphone users 

to make adjustments over the next few 

years regarding the spectrum that they 

access and the equipment they use. To 

facilitate wireless microphone users’ 

ability to make these adjustments, the 

Commission provided that users could 


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