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[Federal Register Volume 80, Number 178 (Tuesday, September 15, 2015)]
[Proposed Rules]
[Pages 55280-55284]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-23144]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2015-0600: FRL-9934-07-Region 10]

Approval and Promulgation of Implementation Plans; Washington: 
Additional Regulations for the Benton Clean Air Agency Jurisdiction

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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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) 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. Under the Washington Clean Air Act local clean air 
agencies, such as BCAA, have the option of adopting equally stringent 
or more stringent standards or requirements in lieu of Ecology's 
general air quality regulations, if they so choose. Therefore, the EPA 
stated that we would evaluate the general air quality regulations as 
they apply to local jurisdictions in separate, future actions. If 
finalized, this proposed action would allow 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 action 
also proposes approval of a small set of BCAA regulatory provisions 
that replace or supplement parts of Ecology's general air quality 
regulations.

DATES: Comments must be received on or before October 15, 2015.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2015-0600, 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-
2015-0600. 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

[[Page 55281]]

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
III. The EPA's Proposed Action
    A. Regulations To Approve and Incorporate by Reference Into the 
SIP
    B. Regulations To Approve But Not Incorporate by Reference
    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 of the 
Washington Administrative Code (WAC) that apply to sources under 
Ecology's direct jurisdiction. On October 3, 2014 (79 FR 59653), 
November 7, 2014 (79 FR 66291), and April 29, 2015 (80 FR 23721), the 
EPA approved updates to Chapter 173-400 WAC as they apply to geographic 
areas and source categories under Ecology's direct jurisdiction. Under 
the EPA-approved provisions of WAC 173-400-020, local clean air 
agencies have the authority to adopt equally stringent or more 
stringent standards or requirements in lieu of the provisions of 
Chapter 173-400 WAC. Local clean air agencies also have the option to 
rely on parts of Chapter 173-400 WAC, but substitute local standards or 
requirements for other corresponding provisions. For this reason, the 
EPA stated that we would address the applicability of Chapter 173-400 
WAC in local clean air agency jurisdictions on a case-by-case basis in 
separate, future actions.

II. Washington SIP Revisions

    On August 25, 2015, the Director of the Washington Department of 
Ecology, as the Governor's designee for SIP revisions, submitted a 
request to update the general air quality regulations as they apply to 
the jurisdiction of BCAA. See 40 CFR 52.2470(c)--Table 4. As shown in 
Attachment 1 of the SIP revision, included in the docket for this 
action, BCAA relies primarily on the recently updated provisions of 
Chapter 173-400 WAC for sources within their jurisdiction in Benton 
County, including minor new source review permitting and major source 
nonattainment new source review (if necessary at some point in the 
future). Attachment 2 of the SIP revision contains a small set of BCAA 
regulations that either supplement or substitute for provisions of 
Chapter 173-400 WAC that address regulatory authority, definitions of 
specific terms, and fugitive emissions. These provisions fall in two 
categories. The first category includes BCAA Regulation 1, sections: 
1.01, Name of Agency; 2.01, Powers and Duties of the Benton Clean Air 
Agency (BCAA); 2.03, Powers and Duties of the Board of Directors; 2.05, 
Severability; and 2.06, Confidentiality. These provisions are generally 
administrative in nature, are adopted nearly verbatim from the 
Washington Clean Air Act (Revised Code of Washington 70.94), and have 
no direct corollaries in Chapter 173-400 WAC. The second category 
includes BCAA Regulation 1, sections: 1.02, Policy and Purpose; 1.03, 
Applicability; 2.02, Requirements for Board of Directors Members; 
4.01(A), Definitions--Fugitive Dust; 4.02(B), Particulate Matter 
Emissions--Fugitive Emissions; 4.02(C)(1), Particulate Matter 
Emissions--Fugitive Dust; and 4.02(C)(3), Particulate Matter 
Emissions--Fugitive Dust. This second category of BCAA regulations 
adopt parts of Chapter 173-400 WAC nearly verbatim with minor changes 
for readability and clarity. The EPA is proposing to determine that 
these changes are consistent with our prior approvals of Chapter 173-
400 WAC and meet Clean Air Act requirements.

III. The EPA's Proposed Action

A. Regulations To Approve and Incorporate by Reference Into the SIP

    The EPA proposes to approve and incorporate 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.

                        Benton Clean Air Agency (BCAA) Regulations for Proposed Approval
----------------------------------------------------------------------------------------------------------------
                                                                        State/local
        State/local citation                  Title/subject           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--         12/11/14  Replaces WAC 173-400-
                                      Fugitive Emissions.                              040(4).
4.02(C)(1).........................  Particulate Matter Emissions--         12/11/14  Replaces WAC 173-400-
                                      Fugitive Dust.                                   040(9)(a).
4.02(C)(3).........................  Particulate Matter Emissions--         12/11/14  Replaces WAC 173-400-
                                      Fugitive Dust.                                   040(9)(b).
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[[Page 55282]]

                    Washington State Department of Ecology Regulations for Proposed Approval
----------------------------------------------------------------------------------------------------------------
                                                                   State/local
        State/local citation                Title/subject        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            12/29/12  ...............................
                                      Sources.
173-400-040........................  General Standards for               4/1/11  Except: 173-400-040(2)(c); 173-
                                      Maximum Emissions.                          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            12/29/12  Except: 173-400-050(2); 173-400-
                                      Combustion and                              050(4); 173-400-050(5).
                                      Incineration Units.
173-400-060........................  Emission Standards for             2/10/05  ...............................
                                      General Process Units.
173-400-070........................  Emission Standards for            12/29/12  Except: 173-400-070(7); 173-400-
                                      Certain Source Categories.                  070(8).
173-400-081........................  Startup and Shutdown......          4/1/11  ...............................
173-400-091........................  Voluntary Limits on                 4/1/11  ...............................
                                      Emissions.
173-400-105........................  Records, Monitoring and           12/29/12  ...............................
                                      Reporting.
173-400-110........................  New Source Review (NSR)           12/29/12  Except: 173-400-
                                      for Sources and Portable                    110(1)(c)(ii)(C); 173-400-
                                      Sources.                                    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 29/12  Except: 173-400-111(3)(h);
                                      Construction Applications                  --The part of 173-400-
                                      for Sources, Stationary                     111(8)(a)(v) that says, ``and
                                      Sources and Portable                        173-460-040,''; 173-400-
                                      Sources.                                    111(9).
173-400-112........................  Requirements for New              12/29/12  Except: 173-400-112(8).
                                      Sources in Nonattainment
                                      Areas--Review for
                                      Compliance with
                                      Regulations.
173-400-113........................  New Sources in Attainment         12/29/12  Except: 173-400-113(3), second
                                      or Unclassifiable Areas--                   sentence.
                                      Review for Compliance
                                      with Regulations.
173-400-117........................  Special Protection                12/29/12  Except facilities subject to
                                      Requirements for Federal                    the applicability provisions
                                      Class I Areas.                              of WAC 173-400-700.
173-400-118........................  Designation of Class I,           12/29/12  ...............................
                                      II, and III Areas.
173-400-131........................  Issuance of Emission                4/1/11  ...............................
                                      Reduction Credits.
173-400-136........................  Use of Emission Reduction         12/29/12  ...............................
                                      Credits (ERC).
173-400-151........................  Retrofit Requirements for          2/10/05  ...............................
                                      Visibility Protection.
173-400-171........................  Public Notice and                 12/29/12  Except:
                                      Opportunity for Public                     --The part of 173-400-171(3)(b)
                                      Comment.                                    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 &          2/10/05  ...............................
                                      Dispersion Techniques.

[[Page 55283]]

 
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             4/1/11  ...............................
                                      and Major Modification in
                                      a Nonattainment Area.
173-400-810........................  Major Stationary Source           12/29/12  ...............................
                                      and Major Modification
                                      Definitions.
173-400-820........................  Determining if a New              12/29/12  ...............................
                                      Stationary Source or
                                      Modification to a
                                      Stationary Source is
                                      Subject to these
                                      Requirements.
173-400-830........................  Permitting Requirements...        12/29/12  ...............................
173-400-840........................  Emission Offset                   12/29/12  ...............................
                                      Requirements.
173-400-850........................  Actual Emissions Plantwide        12/29/12  ...............................
                                      Applicability Limitation
                                      (PAL).
173-400-860........................  Public Involvement                  4/1/11  ...............................
                                      Procedures.
----------------------------------------------------------------------------------------------------------------

B. Regulations To Approve But Not Incorporate by Reference

    In addition to the regulations proposed for approval and 
incorporation 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 authorities. The EPA has reviewed and is proposing to 
approve BCAA, Regulation 1, Article 2, General Provisions, as having 
adequate enforcement and other general authority for purposes of 
implementing and enforcing its SIP, but is not incorporating this 
section by reference into the SIP codified in 40 CFR 52.2470(c). 
Instead, the EPA is proposing to include 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 Quasi-Regulatory Measures, as approved but 
not incorporated by reference regulatory provisions. Finally, for the 
reasons discussed above, the EPA is proposing to move 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 To Remove 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 proposing to remove from this table WAC 173-400-
010 and 173-400-020 because these provisions will be 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 proposing to 
remove 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 proposed 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 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, jurisdiction is generally defined on a 
geographic basis (Benton County); however there are exceptions. 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 final 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). 
However for facilities subject to nonattainment new source review 
(NNSR) under the applicability provisions of WAC 173-400-800, we are 
proposing that BCAA would be responsible for implementing 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.

IV. Incorporation by Reference

    In accordance with requirements of 1 CFR 51.5, the EPA is proposing 
to revise

[[Page 55284]]

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 proposed for removal 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 www.regulations.gov and/or in hard copy at the appropriate EPA 
office (see the ADDRESSES section of this preamble for more 
information).

V. Statutory and Executive Order Reviews

    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 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 the 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 
governments or preempt tribal law. As discussed above, 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.

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.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: September 2, 2015.
Dennis J. McLerran,
Regional Administrator, Region 10.
[FR Doc. 2015-23144 Filed 9-14-15; 8:45 am]
BILLING CODE 6560-50-P
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