53362 Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Proposed Rules 

APPENDIX B TO PART 4—NUMERICAL INDEX OF DISABILITIES—Continued 

Diagnostic 

Code No. 

*******

7817 ................. Erythroderma. 

*******

7821 ................. Cutaneous manifestations of collagen-vascular diseases not listed elsewhere (including scleroderma, calcinosis cutis, 

subacute cutaneous lupus erythematosus, and dermatomyositis). 

7822 ................. Papulosquamous disorders not listed elsewhere. 

* * * * * * * 

■ 5. Amend appendix C to part 4 by: 

■ a. Removing the entry ‘‘Cutaneous 

manifestations of collagen-vascular 

diseases’’ and add in its place an entry 

for ‘‘Cutaneous manifestations of 

collagen-vascular diseases not listed 

elsewhere (including scleroderma, 

calcinosis cutis, subacute cutaneous 

lupus erythematosus, and 

dermatomyositis)’’; 

■ b. Adding in alphabetical order 

entries for ‘‘Discoid lupus 

erythematosus’’, and ‘‘Erythroderma’’; 

and 

■ c. Revising the entries under ‘‘Scars.’’ 

The additions and revisions read as 

follows: 

APPENDIX C TO PART 4—ALPHABETICAL INDEX OF DISABILITIES

Diagnostic 

Code No. 

*******

Cutaneous manifestations of collagen-vascular diseases not listed elsewhere (including scleroderma, calcinosis cutis, subacute 

cutaneous lupus erythematosus, and dermatomyositis) ................................................................................................................. 7821 

* * * * * * * 

Discoid lupus erythematosus ............................................................................................................................................................... 7809 

* * * * * * * 

Erythroderma ....................................................................................................................................................................................... 7817 

*******

Scars: 

Burn scar(s) of the head, face, or neck; scar(s) of the head, face, or neck due to other causes; or other disfigurement of 

the head, face, or neck ............................................................................................................................................................. 7800 

Burn scar(s) or scar(s) due to other causes, not of the head, face, or neck that are associated with underlying soft tissue 

damage ..................................................................................................................................................................................... 7801 

Burn scar(s) or scar(s) due to other causes, not of the head, face, or neck that are not associated with underlying soft tissue damage .............................................................................................................................................................................. 7802 

Retina ........................................................................................................................................................................................... 6011 

Scars, other; and other effects of scars evaluated under diagnostic codes 7800, 7801, 7802, and 7804 ................................. 7805 

Unstable or painful ....................................................................................................................................................................... 7804 

*******

[FR Doc. 2016–18695 Filed 8–11–16; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2016–0394, FRL–9950–55– 

Region 10] 

Approval and Promulgation of 

Implementation Plans; Washington: 

Updates to Incorporation by Reference 

and Miscellaneous Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) proposes to approve 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: Comments must be received on 

or before September 12, 2016. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R10– 

OAR–2016–0394 at http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

The EPA may publish any comment 

received to its public docket. Do not 

submit electronically any information 

you consider to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 


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Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Proposed Rules 53363 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e. on the web, cloud, or 

other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: Jeff 

Hunt, Air Planning Unit, Office of Air 

and Waste (AWT–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: 

Throughout this document wherever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it is 

intended to refer to the EPA. 

Table of Contents 

I. Background 

II. Analysis of Rule Updates 

III. Proposed Action 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. Background 

Section 110 of the Clean Air Act 

(CAA) governs the process by which a 

state submits air quality requirements to 

the EPA for approval into the State 

Implementation Plan (SIP). The SIP is a 

state’s plan to implement, maintain and 

enforce the NAAQS. Ecology’s general 

air quality regulations are set forth at 

Chapter 173–400 of the Washington 

Administrative Code (WAC). The EPA 

last approved changes to Chapter 173– 

400 WAC on April 29, 2015, which 

incorporates by reference certain 

Federal regulations, as of July 1, 2012 

(80 FR 23721). Washington also adopts 

and implements changes to the NAAQS 

under Chapter 173–476 WAC, which the 

EPA last approved on March 4, 2014 (79 

FR 12078). On July 11, 2016, 

Washington submitted a request to 

update Chapters 173–400 and 173–476 

WAC in the SIP, with revised Federal 

citations as of January 1, 2016. 

II. Analysis of Rule Updates 

Chapter 173–400 WAC 

In order to streamline updates to 

Chapter 173–400 WAC and the 

Washington SIP, Ecology created a new 

section, WAC 173–400–025 Adoption of 

Federal Rules, which states, ‘‘Federal 

rules mentioned in this rule are adopted 

as they exist on January 1, 2016. 

Adopted or adopted by reference means 

the federal rule applies as if it was 

copied into this rule.’’ As part of this 

process, Ecology modified other 

sections of Chapter 173–400 WAC to 

remove citations to specific Federal 

regulation adoption dates, in order to 

rely on WAC 173–400–025. Ecology also 

corrected minor typographical errors, 

standardized references, and 

consistently formatted Federal citations. 

A redline/strikeout of the changes is 

included in the State’s submittal, 

contained in the docket for this action. 

We reviewed these changes and are 

proposing to approve the revisions. 

One outcome of Ecology’s update to 

Chapter 173–400 WAC relates to the 

Prevention of Significant Deterioration 

(PSD) permitting program for major 

stationary sources in attainment and 

unclassifiable areas. The Washington 

SIP, at WAC 173–400–720(4)(a)(vi), 

generally incorporates by reference the 

Federal PSD regulations contained in 40 

CFR 52.21, with certain exceptions (80 

FR 23721, April 29, 2015). As part of 

our April 29, 2015 final action on WAC 

173–400–720(4)(a)(vi) we excluded the 

incorporation by reference of 40 CFR 

52.21(b)(49)(v), 40 CFR 52.21(i)(5)(i), 

and 40 CFR 52.21(k)(2), as the Federal 

rules existed on July 1, 2012. These 

citations relate to Federal greenhouse 

gas, and fine particulate matter 

significant monitoring concentration 

and significant impact level provisions 

vacated by Federal courts after July 1, 

2012 (see our proposed rulemaking for 

a full discussion, 80 FR 838, January 7, 

2015, at page 842). After the court 

vacated the provisions, the EPA 

removed the provisions from 40 CFR 

52.21 on December 9, 2013 (78 FR 

73698) and August 19, 2015 (80 FR 

50199). Ecology’s revised incorporation 

by reference of these Federal regulations 

as of January 1, 2016, captures the EPA’s 

removal of the vacated provisions. We 

are proposing to fully approve WAC 

173–400–720(4)(a)(vi) because it meets 

current Federal requirements and is 

consistent with the court decisions. All 

other exceptions to our approval of 

Chapter 173–400 WAC remain 

unchanged since our April 29, 2015 

final action. 

Ecology also requested that the EPA 

update the Chapter 173–400 WAC 

citations for the Benton Clean Air 

Agency (BCAA) jurisdiction consistent 

with the exceptions noted in our 

November 17, 2015 final approval (80 

FR 71695). As discussed in the 

proposed rulemaking for that action, 

BCAA does not implement WAC 

provisions related to the PSD program 

under WAC 173–400–116 and 173–400– 

700 through 173–400–750 (80 FR 55280, 

September 15, 2015, at page 55283). 

Also, as described in the proposed 

rulemaking for that action, BCAA local 

requirements contained in Regulation I, 

section 4.02 apply in lieu of the WAC 

provisions contained in WAC 173–400– 

040(4), WAC 173–400–040(9)(a), and 

WAC 173–400–040(9)(b). The EPA is 

therefore proposing to approve the 

update to Chapter 173–400 WAC for 

BCAA’s jurisdiction consistent with the 

exceptions noted above. The EPA is also 

proposing to revise the visibility 

protection Federal Implementation Plan 

contained in 40 CFR 52.2498 to reflect 

the approval of WAC 173–400–117 

Special Protection Requirements for 

Federal Class I Areas for sources within 

BCAA’s jurisdiction. 

Chapter 173–476 WAC 

The EPA last approved changes to 

Chapter 173–476 WAC on March 4, 

2014, which contained all promulgated 

Federal NAAQS in existence at that 

time (79 FR 12078). In 2015, the EPA 

revised 40 CFR part 50 to include 

revised primary and secondary 8-hour 

ambient air quality standards for ozone 

at 0.070 parts per million (80 FR 65292, 

Oct. 26, 2015). Ecology’s revision to 

Chapter 173–476 includes this update to 

the ozone standards and the 

interpretation method contained in 40 

CFR part 50, Appendix U. We are 

proposing to approve the revisions to 

Chapter 173–476 WAC as meeting 

current Federal requirements. 

III. Proposed Action 

We are proposing to approve and 

incorporate by reference in the 

Washington SIP at 40 CFR 52.2470(c) 

the following revisions to Chapters 173– 

400 and 173–476 WAC as shown in the 

table below. 


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53364 Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Proposed Rules 

State citation Title/subject State 

effective date Explanations 

40 CFR 52.2470(c), TABLE 1—REGULATIONS APPROVED STATEWIDE 

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

173–476–020 .... Applicability ................................................................. 07/01/16 

173–476–150 .... Ambient Air Quality Standard for Ozone .................... 07/01/16 

173–476–900 .... Appendix A. Table of Standards ................................ 07/01/16 

40 CFR 52.2470(c), TABLE 2—ADDITIONAL REGULATIONS APPROVED FOR WASHINGTON DEPARTMENT OF ECOLOGY (ECOLOGY) 

DIRECT JURISDICTION 

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

173–400–025 .... Adoption of Federal Rules .......................................... 07/01/16 

173–400–040 .... General Standards for maximum Emissions .............. 07/01/16 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 Except: 173–400–050(2) and 173–400–050(4) 

through (6). 

173–400–060 .... Emission Standards for General Process Units ......... 07/01/16 

173–400–070 .... Emission Standards for Certain Source Categories .. 07/01/16 Except: 173–400–070(7); 173–400–070(8). 

173–400–105 .... Records, Monitoring, and Reporting ........................... 07/01/16 

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

Sources, Stationary Sources and Portable 

Sources.

07/01/16 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 

173–400–171 .... Public Notice and Opportunity for Public Comment ... 07/01/16 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 

173–400–720 .... Prevention of Significant Deterioration (PSD) ............ 07/01/16 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 

173–400–740 .... PSD Permitting Public Involvement Requirements .... 07/01/16 

173–400–810 .... Major Stationary Source and Major Modification Definitions.07/01/16 

173–400–830 .... Permitting Requirements ............................................ 07/01/16 

173–400–840 .... Emission Offset Requirements ................................... 07/01/16 

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

(PAL).

07/01/16 

40 CFR 52.2470(c), TABLE 4—ADDITIONAL REGULATIONS APPROVED FOR BENTON CLEAN AIR AGENCY (BCAA) JURISDICTION 

173–400–025 .... Adoption of Federal Rules .......................................... 07/01/16 

173–400–040 .... General Standards for Maximum Emissions .............. 07/01/16 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 Except: 173–400–050(2) and 173–400–050(4) 

through (6). 

173–400–060 .... Emission Standards for General Process Units ......... 07/01/16 

173–400–070 .... Emission Standards for Certain Source Categories .. 07/01/16 Except: 

173–400–070(7); 173–400–070(8). 

173–400–105 .... Records, Monitoring, and Reporting. .......................... 07/01/16 

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

Sources, Stationary Sources and Portable 

Sources.

07/01/16 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 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 

173–400–830 .... Permitting Requirements ............................................ 07/01/16 

173–400–840 .... Emission Offset Requirements ................................... 07/01/16 

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

(PAL).

07/01/16 


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We are also proposing to approve, but 

not incorporate 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. Therefore, we propose to 

approve, WAC 173–400–260 into the 

Washington SIP, but not incorporate the 

provision by reference. 

IV. Incorporation by Reference 

In this rule, the EPA is proposing to 

include in a final EPA rule regulatory 

text that includes incorporation by 

reference. In accordance with 

requirements of 1 CFR 51.5, the EPA is 

proposing to incorporate by reference 

the regulations in the table in section III 

above. 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). 

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 proposed 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 proposed action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

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. 

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: August 1, 2016. 

Michelle L. Pirzadeh, 

Acting Regional Administrator, Region 10. 

[FR Doc. 2016–19031 Filed 8–11–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2016–0366; FRL–9950–36– 

Region 8] 

Approval and Promulgation of State 

Implementation Plan Revisions to 

Primary Air Quality Standards, Minor 

Source Baseline Date, Incorporation by 

Reference, and 2008 Ozone NAAQS 

Infrastructure Requirements for CAA 

Section 110(a)(2)(C) and (D)(i)(II); 

Wyoming 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

State Implementation Plan (SIP) 

revisions submitted by the State of 

Wyoming on May 28, 2015 and 

November 6, 2015. The amendments 

update the version of the Code of 

Federal Regulations (CFR) incorporated 

by reference into the rules of the State 

of Wyoming for Chapter 2, Section 12; 

Chapter 3, General Emission Standards, 

Section 9; and Chapter 6, Prevention of 

Significant Deterioration, Section 4. The 

May 28, 2015 submittal updates a 

citation to a Federal Register article 

(i.e., Federal Register notice) under the 

definition of ‘‘tpy CO2 equivalent 

emissions (CO2e),’’ and lists a new 

minor source baseline date for fine 

particulate. The State also proposes to 

update the primary air quality standards 

for particulate matter (PM2.5) to reflect 

federal updates that went into effect in 

January 2013. The updated primary 

PM2.5 standard is 12 micrograms per 

cubic meter (mg/m3) annual arithmetic 

mean concentration, which is lowered 

from its previous level of 15 mg/m3. The 

EPA is also proposing approval of 

portions of the State’s February 6, 2014 

2008 ozone National Ambient Air 

Quality Standards (NAAQS) 

infrastructure certification regarding 

prevention of significant deterioration 

(PSD) and the good neighbor provision. 

The EPA is not taking action on the 

Chapter 6, Permitting Requirements, 

Section 14 portion of the May 24, 2012 

submittal because it has been 

superseded by a November 6, 2015 

submittal (81 FR 35271). The EPA is not 


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