This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

69385 

Vol. 81, No. 194 

Thursday, October 6, 2016 

1 62 FR 27968 (May 22, 1997). 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2016–0394; FRL–9953–50– 

Region 10] 

Approval and Promulgation of 

Implementation Plans; Washington: 

Updates to Incorporation by Reference 

and Miscellaneous Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving State 

Implementation Plan revisions 

submitted by the Washington State 

Department of Ecology (Ecology) on July 

11, 2016. The revisions update the 

incorporation by reference of federal 

provisions cited in Ecology’s general air 

quality regulations. The revisions also 

reflect changes to the primary and 

secondary National Ambient Air Quality 

Standards (NAAQS) for ozone, 

promulgated since Ecology’s last 

update. Ecology also made minor 

corrections to typographical errors and 

non-substantive edits for clarity, such as 

standardizing the citation format. 

DATES: This final rule is effective 

November 7, 2016. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R10–OAR–2016–0394. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. Although listed in the index, some 

information may not be publicly 

available, i.e., Confidential Business 

Information 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 is publicly available 

only in hard copy form. Publicly 

available docket materials are available 

at http://www.regulations.gov or at EPA 

Region 10, Office of Air and Waste, 1200 

Sixth Avenue, Seattle, Washington 

98101. The EPA requests that you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30, 

excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: Jeff 

Hunt, Air Planning Unit, Office of Air 

and Waste (OAW–150), Environmental 

Protection Agency, Region 10, 1200 

Sixth Ave., Suite 900, Seattle, WA 

98101; telephone number: (206) 553– 

0256; email address: hunt.jeff@epa.gov. 

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 August 12, 2016, the EPA 

proposed to approve revisions to 

Ecology’s general air quality regulations 

contained in Chapter 173–400 

Washington Administrative Code 

(WAC) and the State ambient air quality 

standards contained in Chapter 173–476 

WAC (81 FR 53362). An explanation of 

the Clean Air Act requirements, a 

detailed analysis of the revisions, and 

the EPA’s reasons for proposing 

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 

September 12, 2016. The EPA received 

no comments on the proposal. 

II. Final Action 

The EPA is approving, and 

incorporating by reference, the 

submitted revisions to Chapters 173– 

400 and 173–476 WAC set forth below 

as amendments to 40 CFR part 52. We 

are also approving, but not 

incorporating by reference, the revised 

version of WAC 173–400–260 Conflict 

of Interest, state effective July 1, 2016. 

Consistent with prior actions on the 

Washington SIP, 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 typically not incorporated 

by reference so as to avoid potential 

conflict with the EPA’s independent 

authorities. 

III. Incorporation by Reference 

In this rule, the EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is finalizing the 

incorporation by reference as described 

in the amendments to 40 CFR part 52 set 

forth below. These materials have been 

approved by the EPA for inclusion in 

the State Implementation Plan, have 

been incorporated by reference by the 

EPA into that plan, are fully federallyenforceable under sections 110 and 113 

of the CAA as of the effective date of the 

final rulemaking of EPA’s approval, and 

will be incorporated by reference by the 

Director of the Federal Register in the 

next update to the SIP compilation.1

The EPA has made, and will continue 

to make, these materials generally 

available through www.regulations.gov 

and/or at the EPA Region 10 Office 

(please contact the person identified in 

the FOR FURTHER INFORMATION CONTACT

section of this preamble for more 

information). 

IV. Statutory and Executive Orders 

Review 

Under the Clean Air Act, 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 Clean Air 

Act. 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 


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69386 Federal Register / Vol. 81, No. 194 / Thursday, October 6, 2016 / Rules and Regulations 

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 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• does not provide the EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

The SIP is not approved to apply on 

any Indian reservation land in 

Washington, except as specifically 

noted below, and is also not approved 

to apply in any other area where the 

EPA or an Indian tribe has demonstrated 

that a tribe has jurisdiction. In those 

areas of Indian country, the rule does 

not have tribal implications 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). 

Washington’s SIP is approved to apply 

on non-trust land within the exterior 

boundaries of the Puyallup Indian 

Reservation, also known as the 1873 

Survey Area. Under the Puyallup Tribe 

of Indians Settlement Act of 1989, 25 

U.S.C. 1773, Congress explicitly 

provided state and local agencies in 

Washington authority over activities on 

non-trust lands within the 1873 Survey 

Area. Consistent with EPA policy, the 

EPA provided a consultation 

opportunity to the Puyallup Tribe in a 

letter dated July 13, 2016. 

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 Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by December 5, 

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: September 19, 2016. 

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: 

■ a. Amend paragraph (c): 

■ i. ‘‘Table 1—Regulations Approved 

Statewide’’, by revising entries 173– 

476–020, 173–476–150, and 173–476– 

900. 

■ ii. ‘‘Table 2—Additional Regulations 

Approved for Washington Department 

of Ecology (Ecology) Direct 

Jurisdiction’’, by adding entry 173–400– 

025 in numerical order, and revising 

entries 173–400–040, 173–400–050, 

173–400–060, 173–400–070, 173–400– 

105, 173–400–111, 173–400–116, 173– 

400–171, 173–400–710, 173–400–720, 

173–400–730, 173–400–740, 173–400– 

810, 173–400–830, 173–400–840, and 

173–400–850. 

■ iii. ‘‘Table 4—Additional Regulations 

Approved for the Benton Clean Air 

Agency (BCAA) Jurisdiction’’, by adding 

entry 173–400–025 in numerical order, 

and revising entries 173–400–040, 173– 

400–050, 173–400–060, 173–400–070, 

173–400–105, 173–400–111, 173–400– 

171, 173–400–810, 173–400–830, 173– 

400–840, and 173–400–850. 

■ b. Amend paragraph (e), ‘‘Table 1— 

Approved but Not Incorporated by 

Reference Regulations’’, by revising 

entry 173–400–260. 

The additions and revisions read as 

follows: 

§ 52.2470 Identification of plan. 

* * * * * 

(c) * * * 


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Federal Register / Vol. 81, No. 194 / Thursday, October 6, 2016 / Rules and Regulations 69387 

TABLE 1—REGULATIONS APPROVED STATEWIDE

[Not applicable in Indian reservations (excluding non-trust land within the exterior boundaries of the Puyallup Indian Reservation) and any other 

area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction] 

State citation Title/Subject State effective 

date EPA Approval date Explanations 

*******

Washington Administrative Code, Chapter 173–476—Ambient Air Quality Standards 

*******

173–476–020 ............ Applicability ......................................... 07/01/16 10/06/16, [Insert Federal Register citation].

* * * * * * * 

173–476–150 ............ Ambient Air Quality Standard for 

Ozone.

07/01/16 10/06/16, [Insert Federal Register citation].

* * * * * * * 

173–476–900 ............ Table of Standards ............................. 07/01/16 10/06/16, [Insert Federal Register citation].

* * * * * * * 

TABLE 2—ADDITIONAL REGULATIONS APPROVED FOR WASHINGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT

JURISDICTION

[Applicable in Adams, Asotin, Chelan, Columbia, Douglas, Ferry, Franklin, Garfield, Grant, Kittitas, Klickitat, Lincoln, Okanogan, Pend Oreille, 

San Juan, Stevens, Walla Walla, and Whitman counties, excluding facilities subject to Energy Facilities Site Evaluation Council (EFSEC) jurisdiction, Indian reservations (excluding non-trust land within the exterior boundaries of the Puyallup Indian Reservation), and any other 

area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. These regulations also apply statewide for 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 

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

*******

173–400–025 ............. Adoption of Federal Rules ......... 07/01/16 10/06/16, [Insert Federal Register citation].

* * * * * * * 

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

Emissions.

07/01/16 10/06/16, [Insert Federal Register citation].Except: 173–400–040(2)(c); 

173–400–040(2)(d); 

173–400–040(3); 

173–400–040(5); 

173–400–040(7), second paragraph. 

173–400–050 ............. Emission Standards for Combustion and Incineration Units.07/01/16 10/06/16, [Insert Federal Register citation].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.

07/01/16 10/06/16, [Insert Federal Register citation].

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

Source Categories.

07/01/16 10/06/16, [Insert Federal Register citation].Except: 173–400–070(7); 

173–400–070(8). 

* * * * * * * 

173–400–105 ............. Records, Monitoring, and Reporting.07/01/16 10/06/16, [Insert Federal Register citation].

* * * * * * * 

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

Stationary Sources and Portable Sources.

07/01/16 10/06/16, [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). 

*******

173–400–116 ............. Increment Protection .................. 07/01/16 10/06/16, [Insert Federal Register citation].


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69388 Federal Register / Vol. 81, No. 194 / Thursday, October 6, 2016 / Rules and Regulations 

TABLE 2—ADDITIONAL REGULATIONS APPROVED FOR WASHINGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT

JURISDICTION—Continued 

[Applicable in Adams, Asotin, Chelan, Columbia, Douglas, Ferry, Franklin, Garfield, Grant, Kittitas, Klickitat, Lincoln, Okanogan, Pend Oreille, 

San Juan, Stevens, Walla Walla, and Whitman counties, excluding facilities subject to Energy Facilities Site Evaluation Council (EFSEC) jurisdiction, Indian reservations (excluding non-trust land within the exterior boundaries of the Puyallup Indian Reservation), and any other 

area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. These regulations also apply statewide for 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 

*******

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

for Public Comment.

07/01/16 10/06/16, [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). 

* * * * * * * 

173–400–710 ............. Definitions .................................. 07/01/16 10/06/16, [Insert Federal Register citation].

173–400–720 ............. Prevention of Significant Deterioration (PSD).07/01/16 10/06/16, [Insert Federal Register citation].Except: 173–400–720(4)(a)(i 

through iv) and 173–400– 

720(4)(b)(iii)(C). 

173–400–730 ............. Prevention of Significant Deterioration.

Application Processing Procedures.

07/01/16 10/06/16, [Insert Federal Register citation].

173–400–740 ............. PSD Permitting Public Involvement.

Requirements .............................

07/01/16 10/06/16, [Insert Federal Register citation].

* * * * * * * 

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

Major Modification Definitions.

07/01/16 10/06/16, [Insert Federal Register citation].

* * * * * * * 

173–400–830 ............. Permitting Requirements ........... 07/01/16 10/06/16, [Insert Federal Register citation].

173–400–840 ............. Emission Offset Requirements .. 07/01/16 10/06/16, [Insert Federal Register citation].

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

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

07/01/16 10/06/16, [Insert Federal Register citation].

* * * * * * * 

* * * * * 

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/local 

citation Title/Subject State/local effective date EPA Approval date Explanations 

*******

Washington Department of Ecology Regulations 

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

173–400–025 ............ Adoption of Federal Rules ......... 07/01/16 10/06/16, [Insert Federal Register citation].


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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/local 

citation Title/Subject State/local effective date EPA Approval date Explanations 

*******

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

Emissions.

07/01/16 10/06/16, [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.07/01/16 10/06/16, [Insert Federal Register citation].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.

07/01/16 10/06/16, [Insert Federal Register citation].

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

Source Categories.

07/01/16 10/06/16, [Insert Federal Register citation].Except: 173–400–070(7); 

173–400–070(8). 

* * * * * * * 

173–400–105 ............ Records, Monitoring and Reporting.07/01/16 10/06/16, [Insert Federal Register citation].

* * * * * * * 

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

Stationary Sources and Portable Sources.

07/01/16 10/06/16, [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). 

* * * * * * * 

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

for Public Comment.

07/01/16 10/06/16, [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). 

* * * * * * * 

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

Major Modification Definitions.

07/01/16 10/06/16, [Insert Federal Register citation].

* * * * * * * 

173–400–830 ............ Permitting Requirements ............ 07/01/16 10/06/16, [Insert Federal Register citation].

173–400–840 ............ Emission Offset Requirements .. 07/01/16 10/06/16, [Insert Federal Register citation].

173–400–850 ............ Actual Emissions Plantwide Applicability Limitation (PAL).07/01/16 10/06/16, [Insert Federal Register citation].

* * * * * * * 

* * * * * (e) * * * 


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69390 Federal Register / Vol. 81, No. 194 / Thursday, October 6, 2016 / Rules and Regulations 

TABLE 1—APPROVED BUT NOT INCORPORATED BY REFERENCE REGULATIONS

State/local citation Title/Subject State/local 

effective date EPA Approval date Explanations 

Washington Department of Ecology Regulations 

*******

173–400–260 ............ Conflict of Interest ............................... 07/01/16 10/06/16, [Insert Federal Register citation].

* * * * * * * 

* * * * * 

[FR Doc. 2016–23862 Filed 10–5–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2016–0240; FRL–9950–74– 

Region 9] 

Approval and Limited Approval and 

Limited Disapproval of Air Quality 

Implementation Plans; California; 

Northern Sonoma County Air Pollution 

Control District; Stationary Source 

Permits 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is finalizing action on five 

permitting rules submitted as a revision 

to the Northern Sonoma County Air 

Pollution Control District (NSCAPCD or 

District) portion of the applicable state 

implementation plan (SIP) for the State 

of California pursuant to requirements 

under the Clean Air Act (CAA or Act). 

We are finalizing a limited approval and 

limited disapproval of two rules; we are 

finalizing approval of the remaining 

three permitting rules; and we are 

deleting three rules. The amended rules 

govern the issuance of permits for 

stationary sources, including review and 

permitting of minor sources, major 

sources and major modifications under 

part C of title I of the Act. The limited 

disapproval actions trigger an obligation 

for EPA to promulgate a Federal 

Implementation Plan (FIP) for the 

specific New Source Review (NSR) 

program deficiencies unless California 

submits and we approve SIP revisions 

that correct the deficiencies within two 

years of the final action. 

DATES: This rule will be effective on 

November 7, 2016. 

ADDRESSES: The EPA has established a 

docket for this action under Docket No. 

EPA–R09–OAR–2016–0240. 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., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available through http://

www.regulations.gov, or please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section for 

additional availability information. 

FOR FURTHER INFORMATION CONTACT: 

Laura Yannayon, by phone: (415) 972– 

3534 or by email at yannayon.laura@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, the terms 

‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to EPA. 

Table of Contents 

I. Proposed Action 

II. EPA Action 

III. Incorporation by Reference 

IV. Statutory and Executive Order Reviews 

I. Proposed Action 

On May 19, 2016 (81 FR 31567), the 

EPA proposed a limited approval and 

limited disapproval (LA/LD) or a full 

approval (as noted in the table) of the 

following rules that were submitted for 

incorporation into the Northern Sonoma 

County portion of the California SIP. 

TABLE 1—SUBMITTED NSR RULES

Rule No. Rule title Amended Submitted Proposed action 

130 ............... Definitions ........................................................ 11/14/14 12/11/14 LA/LD. 

200 ............... Permit Requirements ....................................... 11/14/14 12/11/14 Full Approval. 

220 ............... New Source Review ........................................ 11/14/14 12/11/14 LA/LD. 

230 ............... Action on Applications ..................................... 11/14/14 12/11/14 Full Approval. 

240 ............... Permit to Operate ............................................ 2/22/84 10/16/85 Full Approval. 

We proposed a full approval of Rules 

200, 230 and 240 because we 

determined that these rules improve the 

SIP and are consistent with the relevant 

CAA requirements. We proposed a 

limited approval of Rules 130 and 220 

because we determined that these rules 

improve the SIP and are largely 

consistent with the relevant CAA 

requirements. We simultaneously 

proposed a limited disapproval of Rules 

130 and 220 because some rule 

provisions conflict with section 110 and 

part C of the Act. These provisions 

include the following: 

A. The definition of Significant in 

Rule 130 does not include lead as a 

pollutant or provide a significant 

emission rate. The rule also does not 

provide a public notice threshold for 

lead. 

B. Rule 220 does not contain any 

provisions specifying that required air 

quality modeling shall be based on the 

applicable models, databases, and other 

requirements specified in Part 51 

Appendix W; therefore, the 

requirements of 40 CFR 51.160(f) and 

51.166(l) have not been meet. 

C. The text in Rule 220, Subsection 

(b)(3) contains a significant 

typographical error (the word ‘‘not’’ is 

missing) concerning the requirements 

pertaining to stack height. 


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