[Federal Register Volume 88, Number 248 (Thursday, December 28, 2023)]
[Rules and Regulations]
[Pages 89582-89587]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28294]



[[Page 89582]]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2019-0647; FRL-10975-02-R10]


Air Plan Approval; WA; Excess Emissions, Startup, Shutdown, and 
Malfunction Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving State 
Implementation Plan (SIP) revisions submitted by the State of 
Washington, through the Department of Ecology on November 12, 2019. The 
revisions were submitted by Washington in response to EPA's June 12, 
2015 ``SIP call'' in which EPA found a substantially inadequate 
Washington SIP provision providing affirmative defenses that operate to 
limit the jurisdiction of the Federal court in an enforcement action 
related to excess emissions during startup, shutdown, and malfunction 
(SSM) events. EPA's approval of the SIP revisions removes the 
substantially inadequate provision which corrects the deficiency 
identified in the 2015 SSM SIP call. Washington withdrew some portions 
of the revisions submitted that were not identified in the 2015 SSM SIP 
call and therefore EPA is not taking final action on those withdrawn 
portions.

DATES: This final rule is effective January 29, 2024.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R10-OAR-2019-0647. All documents in the docket are listed on 
the https://www.regulations.gov website. Although listed in the index, 
some information is not publicly available, e.g., 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 will be publicly available only in hard 
copy form. Publicly available docket materials are available at https://www.regulations.gov, or please contact the person listed in the FOR 
FURTHER INFORMATION CONTACT section for additional availability 
information.

FOR FURTHER INFORMATION CONTACT: Randall Ruddick, EPA Region 10, 1200 
Sixth Avenue (Suite 155), Seattle WA, 98101, (206) 553-1999, 
<a href="/cdn-cgi/l/email-protection#4e3c3b2a2a272d25603c2f202a2f22220e2b3e2f60292138"><span class="__cf_email__" data-cfemail="9eecebfafaf7fdf5b0ecfff0fafff2f2defbeeffb0f9f1e8">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we'' or 
``our'' is used, it means the EPA.

Table of Contents

I. Background
II. Public Comments and EPA Responses
    A. Removal of WAC 173-400-107
    B. WAC 173-400-040, General Standards for Maximum Emissions
    C. WAC 173-400-081, Emission limits during startup and shutdown
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background

    On June 15, 2023 (88 FR 39210), EPA proposed to approve several SIP 
revisions submitted by the State of Washington, through the Washington 
State Department of Ecology on November 12, 2019. In that proposal, we 
also proposed to determine that one of the SIP revisions, the removal 
of WAC 173-400-107, corrects the deficiency with respect to Washington 
that we identified in our June 12, 2015 action entitled ``State 
Implementation Plans: Response to Petition for Rulemaking; Restatement 
and Update of EPA's SSM Policy Applicable to SIPs; Findings of 
Substantial Inadequacy; and SIP Calls to Amend Provisions Applying to 
Excess Emissions During Periods of Startup, Shutdown, and Malfunction'' 
(``2015 SSM SIP call'') (80 FR 33839, June 12, 2015).\1\ The remaining 
SIP revisions submitted with the request to remove WAC 173-400-107 on 
November 12, 2019, were not subject to the 2015 SSM SIP call. The 
reasons for our proposed approval and determination can be found in the 
proposed action and will not be fully restated here (88 FR 39210, June 
15, 2023).
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    \1\ The term ``SIP call'' refers to the requirement for a 
revised SIP in response to a finding by the EPA that a SIP is 
``substantially inadequate'' to meet CAA requirements pursuant to 
CAA section 110(k)(5), titled ``Calls for plan revisions.''
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II. Public Comments and EPA Responses

    The EPA's proposed action provided a 30-day public comment period 
which ended on July 17, 2023. We received one set of comments from the 
public signed by representatives of the Sierra Club and Environmental 
Integrity Project. The full text of the comments is available in the 
docket for this rulemaking. Issues raised in the comments, and our 
responses are summarized below.

A. Removal of WAC 173-400-107

    WAC 173-400-107 was the only provision identified as deficient for 
Washington State Department of Ecology in the 2015 SSM SIP call. The 
commenters agreed that removal of WAC 173-400-107 from the SIP would 
satisfy the 2015 SSM SIP call. EPA acknowledges the commenter's support 
and is finalizing the removal of WAC 173-400-107 in this action. As 
stated in our proposed approval (88 FR 39210, June 15, 2023), EPA's 
removal of the provision providing for an affirmative defense corrects 
the deficiency identified in our 2015 SSM SIP call regarding the 
Washington State Department of Ecology. The remaining SIP revisions 
submitted with the request to remove WAC 173-400-107 on November 12, 
2019, were not subject to the 2015 SSM SIP call.

B. WAC 173-400-040, General Standards for Maximum Emissions

    The commenters ``generally agree that Washington's proposal is 
generally an improvement over the current SSM exemptions'' but also 
raised several concerns regarding the revisions to WAC 173-400-040 that 
we proposed to approve. On December 12, 2023, the State withdrew those 
revisions from its November 12, 2019, submittal via letter to EPA.\2\ 
Accordingly, EPA is not taking final action on those revisions and 
therefore is not responding to the portions of the comment regarding 
WAC 173-400-040 in this action.
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    \2\ See 104_state submittal_Withdrawal Letter 12-14-2023.pdf 
which is included in the docket for this action.
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    Washington also withdrew three analogs to WAC 173-400-040, 
specifically: WAC 173-405-040(6)(b), WAC 173-410-040(3)(b), and WAC 
173-415-030(3)(b). Accordingly, EPA is not finalizing the proposed 
approval of these withdrawn provisions. Should these or other revisions 
be submitted to EPA for approval, EPA will publish an additional 
proposed rule and provide an opportunity for public comment prior to 
taking any final action on them.
    The 2015 SSM SIP call did not obligate Washington to make or submit 
any revisions other than removing WAC 173-400-040. Accordingly, 
approval of the remaining revisions as well as the withdrawal of some 
of them do not affect the disposition of Washington's obligation under 
the 2015 SSM SIP call. As stated above and in our proposed approval, 
the portion of the November 12, 2019, removing WAC 173-400-107

[[Page 89583]]

from the SIP and the State regulations is fully responsive to the 2015 
SSM SIP call and no further action is required to satisfy the 2015 SSM 
SIP call.

C. WAC 173-400-081, Emission Limits During Startup and Shutdown

    Comment. The commenters claim that this provision does not comport 
with ``[t]he first criterion of EPA's seven for approving AELs 
[alternative emission limitations]'' as it is not ``limited to 
specific, narrowly defined source categories using specific control 
strategies.'' \3\ The commenters assert ``[s]ource-specific alternative 
emission limitations, generally, are not proper.'' The commenters also 
assert ``the source-by-source approach that Washington is taking here 
`could lead to inconsistent alternative limits for sources that should 
probably have similar alternative limits for startup or shutdown,''' 
citing a Federal Register notice in which EPA proposed disapproval of 
AELs submitted for approval into the West Virginia SIP.\4\ The 
commenters also assert that ``a source-by-source approach makes it 
difficult to consider the cumulative impact of all the source-specific 
emission limitations on air quality.''
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    \3\ 2015 SSM SIP call, 80 FR 33840, June 12, 2015.
    \4\ See 87 FR 78617, December 22, 2022.
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    Response. As stated in the 2015 SSM SIP call, EPA believes there 
will be limited cases where it may be necessary to develop source-
specific emission requirements for startup and or shutdown. WAC 173-
400-081 merely establishes a pathway for such limited cases as may be 
necessary. Any source-specific emission limits developed pursuant to 
this provision must go through the SIP approval process and any 
comments on actual emissions limits could be raised during those 
individual rulemaking actions. Therefore, EPA believes the commenters' 
concerns are premature regarding whether any future AELs submitted 
through this process would meet the recommended criteria in the 2015 
SSM SIP call. Moreover, EPA has acknowledged that source-specific AELs 
could be appropriate in some limited circumstances, so we disagree that 
merely establishing a pathway for developing such AELs and revising the 
SIP accordingly is inconsistent with the 2015 SSM SIP Call.
    We also disagree that EPA's prior disapproval of West Virginia's 
AELs, as referenced by the commenters, supports disapproval here. EPA 
disapproved West Virginia's submittal primarily because the provisions 
at issue would have provided the State with discretion to create 
source-specific AELs without submitting those AELs to EPA for approval 
into the SIP. EPA further identified the concern that West Virginia's 
AEL process ``could lead to inconsistent alternative limits for sources 
that should probably have similar alternative limits for startup and 
shutdown.'' \5\ However, in light of the fact that the SIP revision 
process for the AELs created pursuant to WAC 173-400-081 allows both 
EPA and any concerned members of the public an opportunity to identify 
any alleged inconsistencies, those concerns are not applicable here. 
For the aforementioned reasons and those stated in our proposed 
approval, EPA is finalizing approval of this provision.
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    \5\ See 87 FR 78620, December 22, 2022.
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IV. Final Action

    EPA is approving and incorporating by reference in the Washington 
SIP at 40 CFR 52.2470(c) revisions to WAC 173-400-030, 173-400-070, 
173-400-081, and 173-400-171 (State effective 9/16/2018); revisions to 
173-405-040, 173-410-040, and 173-415-030 (State effective 5/24/2018); 
the addition of WAC 173-400-082 (State effective 9/16/2018); and the 
removal of 173-405-077, 173-410-067, and 173-415-070. This approval is 
consistent with the exceptions requested by the State in the November 
5, 2019, submittal as described in the proposal for this action and set 
forth in the amendments to 40 CFR part 52 below. This approval is also 
consistent with the State's withdrawal of certain revisions as 
described in the State's December 14, 2023, letter. In addition, this 
action removes provision WAC 173-400-107--identified as inconsistent 
with CAA requirements--from the Washington SIP thereby correcting the 
deficiency identified in our 2015 SSM SIP call with respect to 
Washington State Department of Ecology.
    Once this approval becomes effective, changes to WAC 173-400 will 
apply specifically to the jurisdictions of Washington Department of 
Ecology and Benton Clean Air Agency. Under the applicability provisions 
of WAC 173-405-012, WAC 173-410-012, and WAC 173-415-012, BCAA does not 
have jurisdiction for kraft pulp mills, sulfite pulping mills, and 
primary aluminum plants. For these sources, Washington Department of 
Ecology retains statewide, direct jurisdiction over these sources.
    Once this approval becomes effective, the Washington SIP will 
include the following regulations:
    <bullet> WAC 173-400-030, Definitions (State effective 9/16/2018)--
Establishes definitions used throughout Chapter 173-400 WAC;
    <bullet> WAC 173-400-070, Emission Standards for Certain Source 
Categories (State effective 9/16/2018)--sets forth maximum allowable 
standards for emissions units within the categories listed;
    <bullet> WAC 173-400-081, Emission Limits during Startup and 
Shutdown (State effective 9/16/2018)--establishes pathway for 
developing emissions limits that apply during startup and shutdown;
    <bullet> WAC 173-400-082, Alternative Emission Limit That Exceeds 
an Emission Standard in the SIP (State effective 9/16/2018)--
establishes pathway for an owner or operator to request an alternative 
emissions limit;
    <bullet> WAC 173-400-171 Public Involvement (State effective 9/16/
2018)--sets forth certain requirements for public involvement;
    <bullet> WAC 173-405-040, Emission Standards (State effective 5/24/
2018)--sets forth certain emission standards for kraft pulping mills;
    <bullet> WAC 173-410-040, Emission Standards (State effective 5/24/
2018)--sets forth certain emission standards for sulfite pulping mills;
    <bullet> WAC 173-415-030, Emission Standards (State effective 5/24/
2018)--sets forth certain emission standards for primary aluminum 
plants.
    Once this approval becomes effective, the Washington SIP will no 
longer include the following regulations:
    <bullet> WAC 173-400-107, Excess Emissions--established a pathway 
to determine excess emissions unavoidable, excuse them from penalty, 
and certain instances preclude them from being considered violations;
    <bullet> WAC 173-405-077, Report of Startup, Shutdown, Breakdown or 
Upset Conditions--established applicability of WAC 173-400-107 for 
kraft pulping mills;
    <bullet> WAC 173-410-067, Report of Startup, Shutdown, Breakdown or 
Upset Conditions--established applicability of WAC 173-400-107 for 
sulfite pulping mills;
    <bullet> WAC 173-415-070, Report of Startup, Shutdown, Breakdown or 
Upset Conditions--established applicability of WAC 173-400-107 for 
primary aluminum plants.

VI. Incorporation by Reference

    In this document, the EPA is finalizing regulatory text that 
includes incorporation by reference. In accordance with requirements of 
1 CFR 51.5, EPA is finalizing the incorporation by reference of 
regulatory provisions

[[Page 89584]]

described in section II of this preamble and set forth in the 
amendments to 40 CFR part 52 in this document. The EPA has made, and 
will continue to make, these materials generally available through 
https://www.regulations.gov and at the EPA Region 10 Office (please 
contact the person identified in the FOR FURTHER INFORMATION CONTACT 
section of this preamble for more information). Therefore, these 
materials have been approved by the EPA for inclusion in the SIP, have 
been incorporated by reference by the EPA into that plan, are fully 
federally enforceable under sections 110 and 113 of the Clean Air Act 
as of the effective date of the final rule of the EPA's approval, and 
will be incorporated by reference in the next update to the SIP 
compilation.\6\
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    \6\ 62 FR 27968 (May 22, 1997).
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VII. 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 Clean Air 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:
    <bullet> 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);
    <bullet> Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> 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.);
    <bullet> 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);
    <bullet> Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001); and
    <bullet> 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.
    Executive Order 12898 (Federal Actions to Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
February 16, 1994) directs Federal agencies to identify and address 
``disproportionately high and adverse human health or environmental 
effects'' of their actions on minority populations and low-income 
populations to the greatest extent practicable and permitted by law. 
The EPA defines environmental justice (EJ) as ``the fair treatment and 
meaningful involvement of all people regardless of race, color, 
national origin, or income with respect to the development, 
implementation, and enforcement of environmental laws, regulations, and 
policies.'' The EPA further defines the term fair treatment to mean 
that ``no group of people should bear a disproportionate burden of 
environmental harms and risks, including those resulting from the 
negative environmental consequences of industrial, governmental, and 
commercial operations or programs and policies.''
    The air agency did not evaluate environmental justice 
considerations as part of its SIP submittal; the Clean Air Act and 
applicable implementing regulations neither prohibit nor require such 
an evaluation. The EPA did not perform an EJ analysis and did not 
consider EJ in this action. Due to the nature of this action, it is 
expected to have a neutral to positive impact on the air quality of the 
affected area. Consideration of EJ is not required as part of this 
action, and there is no information in the record inconsistent with the 
stated goal of Executive Order 12898 of achieving environmental justice 
for people of color, low-income populations, and Indigenous peoples.
    In addition, 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 as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor 
will it impose substantial direct costs on tribal governments or 
preempt tribal law. 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 potentially 
affected tribes in a letter dated May 24, 2022.
    This action is subject to the Congressional Review Act, and the EPA 
will submit a rule report to each House of the Congress and to the 
Comptroller General of the United States. 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 February 26, 2024. 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, Incorporation by 
reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Sulfur 
oxides, Volatile organic compounds.

    Dated: December 18, 2023.
Casey Sixkiller,
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

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart WW--Washington

0
2. In Sec.  52.2470:
0
a. Amend paragraph (c), table 1 by:
0
i. Revising entries ``173-405-040'' and ``173-410-040'';
0
ii. Removing entries ``173-405-077'' and ``173-410-067'';

[[Page 89585]]

0
iii. Revising entry ``173-415-030''; and
0
iv. Removing entry ``173-415-070''.
0
b. Amend paragraph (c), table 2 by:
0
i. Revising entry ``173-400-030'';
0
ii. Removing entry ``173-400-030 (30) and (36)'';
0
iii. Revising entries ``173-400-070'' and ``173-400-081'';
0
iv. Adding entry ``173-400-082'' in numerical order;
0
v. Removing entry ``173-400-107''; and
0
vi. Revising entry ``173-400-171''; and
0
c. Amend paragraph (c), table 4 by:
0
i. Revising entry ``173-400-030'';
0
ii. Removing entry ``173-400-030 (30) and (36)'';
0
iii. Revising entries ``173-400-070'' and ``173-400-081'';
0
iv. Adding entry ``173-400-082'' in numerical order;
0
v. Removing entry ``173-400-107''; and
0
vi. Revising entry ``173-400-171''.
    The revisions and additions read as follows:


Sec.  52.2470  Identification of plan.

* * * * *
    (c) * * *

                                     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
       State citation            Title/subject      effective date    EPA approval date         Explanations
----------------------------------------------------------------------------------------------------------------
                      Washington Administrative Code, Chapter 173-405--Kraft Pulping Mills
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
173-405-040................  Emissions Standards..         5/24/19  12/28/2023, [Insert    Except: 173-405-
                                                                     Federal Register       040(1)(b); 173-405-
                                                                     citation].             040(1)(c); 173-405-
                                                                                            040(3)(b); 173-405-
                                                                                            040(3)(c); 173-405-
                                                                                            040(4); 173-405-
                                                                                            040(6)(b).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                     Washington Administrative Code, Chapter 173-410--Sulfite Pulping Mills
----------------------------------------------------------------------------------------------------------------
173-410-040................  Emissions Standards..         5/24/19  12/28/2023, [Insert    Except: 173-410-
                                                                     Federal Register       040(3)(b); 173-410-
                                                                     citation].             040(5).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                    Washington Administrative Code, Chapter 173-415--Primary Aluminum Plants
----------------------------------------------------------------------------------------------------------------
173-415-030................  Emissions Standards..         5/24/19  12/28/2023, [Insert    Except: 173-410-
                                                                     Federal Register       030(1); 173-410-
                                                                     citation].             030(3)(b).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

   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
       State citation            Title/subject      effective date    EPA approval date         Explanations
----------------------------------------------------------------------------------------------------------------
         Washington Administrative Code, Chapter 173-400--General Regulations for Air Pollution Sources
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
173-400-030................  Definitions..........         9/16/18  12/28/2023, [Insert    Except: 173-400-
                                                                     Federal Register       030(96).
                                                                     citation].
 
                                                  * * * * * * *
173-400-070................  Emission Standards            9/16/18  12/28/2023, [Insert    Except: 173-400-
                              for Certain Source                     Federal Register       070(5); 173-400-
                              Categories.                            citation].             070(6).
 
                                                  * * * * * * *
173-400-081................  Emissions Limits              9/16/18  12/28/2023, [Insert
                              During Startup and                     Federal Register
                              Shutdown.                              citation].

[[Page 89586]]

 
173-400-082................  Alternative Emissions         9/16/18  12/28/2023, [Insert
                              Limit That Exceeds                     Federal Register
                              an Emission Standard                   citation].
                              in the SIP.
 
                                                  * * * * * * *
173-400-171................  Public Notice and             9/16/18  12/28/2023, [Insert    Except: The part of
                              Opportunity for                        Federal Register       173-400-171(3)(b)
                              Public Comment.                        citation].             that says,
                                                                                           <bullet> ``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).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

          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
       State/local citation           Title/subject     effective date   EPA approval date       Explanations
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                  Washington Department of Ecology Regulations
         Washington Administrative Code, Chapter 173-400--General Regulations for Air Pollution Sources
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
173-400-030......................  Definitions........         9/16/18  12/28/2023, [Insert  Except: 173-400-
                                                                         Federal Register     030(40); 173-400-
                                                                         citation].           030(41); 173-400-
                                                                                              030(96).
 
                                                  * * * * * * *
173-400-070......................  Emission Standards          9/16/18  12/28/2023, [Insert  Except: 173-400-
                                    for General                          Federal Register     070(5); 173-400-
                                    Process Units.                       citation].           070(6).
 
                                                  * * * * * * *
173-400-081......................  Emissions Limits            9/16/18  12/28/2023, [Insert
                                    During Startup and                   Federal Register
                                    Shutdown.                            citation].
173-400-082......................  Alternative                 9/16/18  12/28/2023, [Insert
                                    Emissions Limit                      Federal Register
                                    That Exceeds an                      citation].
                                    Emission Standard
                                    in the SIP.
 
                                                  * * * * * * *
173-400-171......................  Public Notice and           9/16/18  12/28/2023, [Insert  Except: The part of
                                    Opportunity for                      Federal Register     173-400-171(3)(b)
                                    Public Comment.                      citation].           that says,
                                                                                             <bullet> ``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).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


[[Page 89587]]

* * * * *
[FR Doc. 2023-28294 Filed 12-27-23; 8:45 am]
BILLING CODE 6560-50-P


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