1069 

Environmental Protection Agency § 52.2470 

(ii) Additional Materials—Remainder 

of April 30, 1997 submittal 

[37 FR 10899, May 31, 1972. Redesignated and 

amended at 65 FR 21320, Apr. 21, 2000] 

EDITORIAL NOTE: For FEDERAL REGISTER citations affecting §52.2465, see the List of CFR 

Sections Affected, which appears in the 

Finding Aids section of the printed volume 

and at www.fdsys.gov. 

Subpart WW—Washington 

§ 52.2470 Identification of plan. 

(a) Title of plan: ‘‘A Plan for the Implementation, Maintenance and Enforcement of National Ambient Air 

Quality Standards in the State of 

Washington.’’ 

(b) The plan was officially submitted 

on January 28, 1972. 

(c) The plan revisions listed below 

were submitted on the dates specified. 

(1) Contingency request for a two 

year extension for carbon monoxide 

and nitrogen dioxide in the Puget 

Sound Intrastate Region and for carbon monoxide in the Eastern Washington-Northern Idaho Interstate Region submitted on January 28, 1972, by 

the Governor. 

(2) Request for a two year extension, 

delegation of legal authority and 

amendments to the implementation 

plan submitted on May 5, 1972, by the 

Governor. 

(3) Notices of public hearings and certifications that hearings were held regarding implementation plan matters 

submitted on July 18, 1972, by the Department of Ecology. 

(4) Clarifying submission (Non-regulatory) to the implementation plan 

submitted on September 11, 1972, by the 

Governor. 

(5) Compliance schedules submitted 

on December 12, 1972, by the Washington Department of Ecology. 

(6) Compliance schedules, revisions 

to WAC 18–04, 18–12 and 18–40, and a new 

regulation WAC 18–06 submitted on 

February 15, 1973, by the Governor. 

(7) Transportation control plan submitted on April 13, 1973, by the Governor. 

(8) Revisions to the transportation 

control plan submitted on May 31, 1973, 

by the Governor. 

(9) Compliance schedules submitted 

on July 25, 1973, by the Department of 

Ecology. 

(10) Indirect source plan submitted 

on October 11, 1973, by the Department 

of Ecology. 

(11) Indirect source regulation (WAC 

18–24) submitted on June 14, 1974, by 

the Governor. 

(12) Air quality maintenance area 

designation submitted on May 31, 1974, 

by the Washington Department of 

Ecology. 

(13) Revisions to the State and local 

agency open burning regulations submitted on September 10, 1973, by the 

Department of Ecology. 

(14) Information regarding the approval of the revised open burning regulations submitted on May 23, 1975, by 

the Department of Ecology. 

(15) Revision to section 9.05(c) of Regulation I of the Olympic Air Pollution 

Control Authority submitted November 6, 1975 by the Governor. 

(16) On April 4, 1979 the State of 

Washington Department of Ecology 

submitted a request to extend for 

eighteen months the date for plan submission for all secondary total suspended particulate nonattainment 

areas. 

(17) On June 26, 1975 the Governor 

submitted amendments to WAC 18–24 

‘‘State jurisdiction over Motor Vehicles’’ which repealed the program for 

preconstruction review and approval of 

indirect sources, leaving only Sections 

020—Definitions and 030—Assumption 

of Jurisdiction. On April 27, 1979 the 

Governor submitted revisions required 

by Part D of the Clean Air Act as 

amended in 1977, specifically: plans for 

the Seattle primary total suspended 

particulate (TSP) nonattainment area, 

the Tacoma primary TSP nonattainment area, the Seattle-Tacoma carbon 

monoxide (CO) and ozone nonattainment areas (along with a request for an 

extension of the attainment dates to 

beyond December 31, 1982), the Spokane 

primary TSP nonattainment area, the 

Clarkston primary TSP nonattainment 

area, the Vancouver primary TSP nonattainment area, and the Yakima CO 

nonattainment area; revisions to State 

and local regulations for nonattainment areas (WAC 173–400–010, 173–400– 

020, 173–400–030, 173–400–040 (except (13)), 

1070 

§ 52.2470 40 CFR Ch. I (7–1–11 Edition) 

173–400–050, 173–400–060, 173–400–070, 173– 

400–090, 173–400–100, 173–400–110, and 173– 

400–120; WAC 173–420; WAC 173–425, WAC 

173–490 (except 173–150); Puget Sound 

Air Pollution Control Agency Regulation I, Articles 1, 3, 6, 9 (Sections 9.02, 

9.02A, 9.03, 9.04, 9.05, 9.06, 9.07(d), 9.07(e), 

and 9.09); Northwest Air Pollution Control Authority Regulation Section 

455.11; and Spokane County Air Pollution Control Authority Regulation Article IV, Section 4.01); and the rescission of State and local agency regulations which duplicated applicable Federal or State regulations for nonattainment areas (WAC 18–04–010, 18–04–020, 

18–04–030, 18–04–040, 18–04–050, 18–04–060, 

18–04–070, 18–04–090, 18–04–100, 18–04–110, 

and 18–04–120; WAC 18–06; WAC 18–12; 

WAC 18–20; WAC 18–24; WAC 18–28; WAC 

18–32; WAC 18–40; WAC 18–44; WAC 18– 

46; WAC 18–48; WAC 18–56; WAC 18–60; 

Puget Sound Air Pollution Control 

Agency Regulation I, Articles 5, 9 (Sections 9.07(a), 9.07(b), 9.11, 9.12, 9.13, 9.15, 

and 9.16), and 11; Spokane County Air 

Pollution Control Authority Regulations I and II (except Article IV, Section 4.01); Northwest Air Pollution Authority Regulations 1 and 2 and Section 501 Southwest Air Pollution Control Agency Regulations 1 and 2; Olympic Air Pollution Control Agency Regulation I; Yakima County Clean Air Authority Regulation 1; Grant County 

Clean Air Authority Regulation; Benton-Franklin-Walla Walla Air Pollution Control Agency Regulation; and 

Douglas County Air Pollution Control 

Commission Article V, Section 5.01). 

On May 18, 1979 the State of Washington Department of Ecology submitted corrections to the Puget Sound 

area emission inventory in the April 27, 

1979 submittal. On June 20, 1979 the 

Governor submitted the plan for the 

Vancouver ozone nonattainment area 

including a request for an extension of 

the attainment date to beyond December 31, 1982. On December 21, 1979 the 

State of Washington Department of 

Ecology submitted statutory authority 

for an automobile inspection and maintenance program and a detailed schedule for its implementation. On May 1, 

1980 the State of Washington Department of Ecology submitted revised 

statutory language pertaining to State 

legal authority. 

(18) On April 1, 1980 the State of 

Washington Department of Ecology 

submitted revisions to the regulations 

for Kraft Pulping Mills (WAC 173–405– 

011; 173–405–021; 173–405–031(1), (4), (5) 

and (6); 173–405–036(1), (2) and (4); 173– 

405–061; 173–405–071(2), (3), (4)(d), (4)(e) 

and (5); 173–405–077; 173–405–078; 173–405– 

086; and 173–405–101), Sulfite Pulping 

Mills (WAC 173–410–011; 173–410–021; 173– 

410–031; 173–410–036(1), (2) and (4); 173– 

410–041; 173–410–061 (1) through (8); 173– 

410–067; 173–410–071; 173–410–086; and 173– 

410–091), and Primary Aluminum 

Plants (WAC 18–52–010; 18–52–016; 18–52– 

021; 18–52–031 (2) and (4); 18–52–036(1); 18– 

52–056; 18–52–061; 18–52–071(1)(c), (1)(f), 

and (2); 18–52–077; and 18–52–086) and rescission of old regulations (WAC 18–36– 

010, 18–36–020, 18–36–030, 18–36–040, 18–36– 

050, 18–36–060, 18–36–070, 18–36–080, 18–36– 

090 and 18–36–100; WAC 18–38–010, 18–38– 

020, 18–38–030, 18–38–040, 18–38–050, 18–38– 

060, 18–38–070, 18–38–080 and 18–38–090; 

and WAC 18–52–015, 18–52–020, 18–52–030 

(except (3)), 18–52–040, 18–52–060, 18–52– 

070 and 18–52–080) to satisfy the requirements of Part D of the Clean Air Act. 

(19) On April 27, 1979 the Governor 

submitted the plan for the Spokane 

carbon monoxide (CO) nonattainment 

area. On September 10, 1980 the State 

of Washington Department of Ecology 

submitted a revised transportation 

control plan for the Spokane CO nonattainment area. 

(20) On March 5, 1980 the State of 

Washington Department of Ecology 

submitted a plan revision to meet the 

requirements of 40 CFR part 58, subpart 

C, §58.20 Air Quality Monitoring. 

(21) On April 27, 1979 the Governor 

submitted a provision for maintenance 

of pay (WAC 173–400–160). 

(22) On June 24, 1980 the State of 

Washington Department of Ecology 

submitted a new regulation WAC 173– 

402 ‘‘Civil Sanctions Under Washington 

Clean Air Act’’. On July 30, 1980 the 

State of Washington Department of 

Ecology submitted revisions to WAC 

173–400 (specifically 173–020; 173–030; 173– 

040 (except (13)); 173–050; 173–060; 173–070; 

173–090; 173–100; 173–110; and 173–120), 

WAC 173–405 (specifically 173–012; 173– 

021; 173–040 (1), (2), (3), (4), (5), (6) and 

(17); 173–072(1), (4) and (5); 173–077, 173– 

086; and 173–101; and rescission of 173– 

011; 173–031 (1), (4), (5) and (6); 173–036 

1071 

Environmental Protection Agency § 52.2470 

(1), (2) and (4); 173–061; 173–071 (2), (3), 

(4)(d), (4)(e) and (5); and 173–078), WAC 

173–410 (specifically 173–012; 173–021; 173– 

040 (1), (2), (3), (5) and (16); 173–062 (1), 

(2) and (3); 173–067; 173–086; 173–090; and 

173–091; and rescission of 173–011; 173– 

031; 173–036 (1), (2) and (4); 173–041; 173– 

061 (1) through (8); and 173–071), WAC 

173–415 (specifically 173–010; 173–020; 173– 

030(2)(b), (4), (5), (7) and (11); 173–050; 

173–060(1)(c) and (2); 173–070; and 173– 

090), WAC 173–490 (specifically 173–010; 

173–020; 173–025; 173–030; 173–040; 173–070; 

173–071; and 173–080), rescission of old 

WAC 18–52 (specifically 18–010; 18–016; 

18–021; 18–030(3); 18–031 (2) and (4); 18– 

036(1); 18–056; 18–061; 18–071(1)(c), (1)(f) 

and (2); 18–077; and 18–086), and revisions to the Seattle-Tacoma carbon 

monoxide, Seattle-Tacoma ozone, Vancouver ozone, Seattle primary total 

suspended particulate (TSP), Tacoma 

primary TSP, Vancouver primary TSP, 

Spokane primary TSP and Clarkston 

primary TSP nonattainment area 

plans, in order to satisfy the conditions 

of approval published on June 5, 1980 

and July 31, 1980. On November 7, 1980 

the State of Washington Department of 

Ecology submitted clarifying information, including the designated ‘‘no 

burn’’ areas for the Seattle, Tacoma 

and Spokane TSP nonattainment areas 

to satisfy the conditions of approval 

published on June 5, 1980. On January 

13, 1981 the State of Washington Department of Ecology submitted further 

revisions to WAC 173–400–110 and WAC 

173–490–020 and 173–490–040 in order to 

satisfy the conditions of approval published on June 5, 1980. 

(23) On August 17, 1979 and July 30, 

1980 the Governor submitted revisions 

to the State of Washington Implementation Plan to provide authority to the 

Energy Facility Site Evaluation Council to implement the plan required by 

section 110 of the Clean Air Act for energy facilities, specifically, statutory 

authority (80.50 RCW), applicable regulations (WAC 463–39–010; 463–39–020; 463– 

39–030 (except (4), (7), (10), (24), (25), (30), 

(35) and (36)); 463–39–040 (except introductory paragraph); 463–39–050; 463–39– 

060; 463–39–080; 463–39–100; 463–39–110 (except (1), first two sentences of (3)(b), 

(3)(c), (3)(d) and (3)(e)); 463–39–120; 463– 

39–130; 463–39–135; 463–39–150; and 463–39– 

170), and a Memorandum of Agreement 

between the Energy Facility Site Evaluation Council and the State of Washington Department of Ecology describing program implementation. On May 

28, 1981, the Energy Facility Site Evaluation Council submitted an Attorney 

General’s opinion certifying that 80.50 

RCW provided sufficient enabling authority to meet the requirements of 

the Clean Air Act. 

(24) On November 17, 1981 the State of 

Washington Department of Ecology 

submitted a revision to the plan for the 

Spokane carbon monoxide nonattainment area, including a schedule for the 

implementation of an expanded transit 

service to satisfy the condition of approval published on December 24, 1980. 

(25) On July 30, 1980 the State of 

Washington Department of Ecology 

submitted revisions to the regulations 

for sources of volatile organic compounds (VOC), specifically WAC 173– 

490–200, 173–490–201, 173–490–202, 173–490– 

203, 173–490–204, 173–490–205 (except (d)), 

173–490–206 and 173–490–207. On January 

13, 1981 the State of Washington Department of Ecology submitted a further revision to WAC 173–490–203. On 

June 25, 1981 the State of Washington 

Department of Ecology submitted VOC 

source test methods. On November 13, 

1981 the State of Washington Department of Ecology submitted clarifying 

information on the regulations for 

sources of VOC. 

(26) On July 16, 1982 the State of 

Washington Department of Ecology 

submitted an attainment plan for the 

Vancouver ozone nonattainment area 

and amendments to the regulations for 

sources of volatile organic compounds 

(WAC–490–020, 490–025, 490–9040, 490–080, 

490–203, 490–204, 490–205 and 490–208, and 

rescission of 490–206). 

(27) On July 16, 1982 the State of 

Washington Department of Ecology 

submitted attainment plans for the Seattle-Tacoma ozone nonattainment 

area and the Seattle carbon monoxide 

(CO) nonattainment area, including 

regulations for motor vehicle emission 

inspection (WAC 173–422) and the Puget 

Sound Air Pollution Control Agency 

regulation for sources of volatile organic compounds (Regulation II). On 

December 1, 1982 the State of Washington Department of Ecology submitted procedures by which conformity 

1072 

§ 52.2470 40 CFR Ch. I (7–1–11 Edition) 

of Federal projects with the SeattleTacoma ozone and Seattle CO plans 

will be determined. 

(28) Amendments to page III–D–2 

(TABLE 8—DEPARTMENT OF ECOLOGY SOURCE TEST METHODS 

WHICH ARE USED FOR COMPLIANCE) of the Washington State Implementation Plan, submitted by the 

State Department of Ecology on July 

23, 1984. 

(29) On September 13, 1983 the State 

of Washington Department of Ecology 

submitted a revision to add a lead 

strategy to the Washington Implementation Plan. 

(30) On June 15, 1984 the Washington 

Department of Ecology submitted a 

demonstration of attainment of the 

lead standard for the area around a primary copper smelter in Tacoma, Washington. 

(31) On June 16, 1983, the State of 

Washington Department of Ecology 

submitted to EPA, the Tacoma carbon 

monoxide attainment plan as an official SIP revision. This plan builds upon 

the July 16, 1982, Ozone SIP for the 

Puget Sound area. 

(32) On September 27, 1984 the State 

of Washington Department of Ecology 

submitted a revision to the approved 

lead SIP which revised the demonstration of attainment for the secondary 

lead smelter in Seattle. 

(33) On January 16, 1984 the Washington Department of Ecology submitted revisions to the approved SIP 

which added the PSAPCA emission offset and banking program to the approved SIP regulations. The revisions 

consisted of new section 1.07(s), 1.07(rr), 

1.07(xx), 6.07(b)(7) and 6.08 of PSAPCA 

Regulation I. 

(34) A revision to the Washington 

State Implementation Plan was submitted by the Director of the Washington Department of Ecology on September 27, 1984. The revision adds a 

mandatory Vehicle Inspection and 

Maintenance program to the Spokane 

Carbon Monoxide Plan. 

(i) Incorporation by reference. 

(a) Amendments to Chapter 173–422 

Washington Administrative Code, 

Motor Vehicle Emission Inspection, 

which was published on April 18, 1984. 

(ii) Additional material. (a) Technical Support Document as prepared by 

the Washington State Department of 

Ecology in support of approval dated 

January 11, 1985. 

(35) On February 21, 1985 the State of 

Washington Department of Ecology 

submitted revisions to Regulation II, 

specifically, §§1.02, 2.13, 3.11 and 4.02, 

and ‘‘Monitoring and Reporting Procedures for VOC Sources’’ as adopted in 

Puget Sound Air Pollution Control 

Agency Resolution 568. 

(i) Incorporation by reference. 

(A) Letter dated February 21, 1985 

from the Washington Department of 

Ecology to EPA Region 10. 

(B) Resolution 568—Revisions to Regulation II and ‘‘Monitoring and Reporting Procedures for VOC Sources’’ as 

adopted by the Puget Sound Air Pollution Control Agency on December 13, 

1984. 

(36) Washington State’s Visibility 

Protection Program, except Section V. 

B. New Source Review, Appendix A— 

Proposed Best Available Retrofit Technology Regulation and Appendix B— 

Proposed New Source Review Regulations, submitted by the Director of the 

Washington Department of Ecology on 

January 5, 1984; certain provisions of 

173–403 WAC Implementation of Regulations for Air Contaminant Sources, 

specifically, WAC 173–403–030(2), (9), 

(11), (24), (25), (31), (42), (46), (51), and 

(52), submitted by the Director of the 

Washington Department of Ecology on 

April 1, 1985; WAC 173–403–090, submitted by the Director of the Washington Department of Ecology on September 6, 1983; and the State of Washington Department of Natura1 Resources Smoke Management Program, 

submitted by the Director of the Washington Department of Ecology on April 

27, 1979, and January 5, 1984. 

(i) Incorporation by reference. 

(A) Letter dated April 1, 1985, from 

the Director of the State of Washington Department of Ecology to EPA. 

Provisions of WAC 173–403–030 (Definitions) introductory text, (2), (9), (11), 

(24), (25), (31), (42), (46), (51), and (52), 

adopted by the State of Washington 

Department of Ecology on February 14, 

1985. 

(B) Letter dated September 6, 1983, 

from the Director of the State of Washington Department of Ecology to EPA. 

1073 

Environmental Protection Agency § 52.2470 

WAC 173–403–090 (‘‘Retrofit Requirements for Visibility Protection’’), 

adopted by the State of Washington 

Department of Ecology on August 25, 

1983. 

(C) Letter dated January 5, 1984, from 

the Director of the State of Washington Department of Ecology to EPA. 

‘‘Washington State’s Visibility Protection Program (10/3/83),’’ except Section 

V. B. ‘‘New Source Review,’’ Appendix 

A—‘‘Proposed Best Available Retrofit 

Technology Regulation’’ and Appendix 

B—‘‘Proposed New Source Review Regulations’’ adopted by the State of 

Washington Department of Ecology on 

January 5, 1984; 

(D) Appendix K (‘‘The State of Washington Department of Natural Resources Air Quality-Prescribed Burning 

Smoke Management Program’’) revised 

June 1975. 

(37) On April 28, 1983, the State of 

Washington Department of Ecology 

submitted amendments to the State of 

Washington sulfur dioxide emission 

limitation. These amendments clarify 

the averaging time for the sulfur dioxide emission limitation in WAC 173–400– 

040(6). 

(i) Incorporation by reference. 

(A) Letter dated April 28, 1983, from 

the Director of the Department of 

Ecology to EPA Region 10 amending 

the State of Washington State Implementation Plan. 

(B) Washington Administrative Code 

[WAC] Chapter 173–400 [General Regulations for Air Pollution Sources], –040 

[General Standard for Maximum Emissions], (6) [Sulfur Dioxide] introductory 

sentence adopted into state law by the 

State of Washington Department of 

Ecology on March 30, 1983 and became 

effective on May 11, 1983. 

(38) On January 23, 1989 and May 14, 

1991 the Director of the Department of 

Ecology submitted amended regulations as revisions to the Washington 

state implementation plan. EPA has 

approved the following as revisions to 

the implementation plan: WAC 173–400 

(except for –040(1) (c) and (d); –040(2); 

–040(4); the second paragraph of –040(6); 

the exception provision in –050(3); 

–070(7); –075; –115; –120; –131; –136; –141; 

and –180) as in effect on March 22, 1991; 

the repeal of WAC 173–403 as in effect 

on March 22, 1991; WAC 173–405 (except 

for –033; –035; –040(1)(b); –040(1)(c); 

–040(3)(b); –040(3)(c); –040(4); –040(7); 

–040(8); –040(9); and –072(2)) as in effect 

on March 22, 1991; WAC 173–410 (except 

for –035; the exception provision in 

–040(3); and –040(5)) as in effect on 

March 22, 1991; WAC 173–415 (except for 

–020(1); –020(2); –030(1); –030(3)(b); –040; 

and –060(1) (a), (b), and (d)) as in effect 

on March 22, 1991; WAC 173–425 as in effect on October 18, 1990; WAC 173–430 as 

in effect on October 18, 1990; WAC 173– 

433 as in effect on October 18, 1990; WAC 

173–434 (except for –110, –120, and 

–130(2)) as in effect on October 18, 1990; 

WAC 173–435 (except for –070(1)); as in 

effect on January 3, 1989; WAC 173–440 

as in effect on October 18, 1990; WAC 

173–470 (except for –110 and –150) as in 

effect on January 3, 1989. 

(i) Incorporation by reference. 

(A) January 23, 1989, letter from the 

Director of the Department of Ecology 

to EPA Region 10 submitting amendments to the Washington state implementation plan. 

(B) May 14, 1991, letter from the Director of the Department of Ecology to 

EPA Region 10 submitting amendments 

to the Washington state implementation plan. 

(C) Washington Administrative Code, 

Chapter 173–400 (General Regulations 

for Air Pollution Sources) (except for 

–040(1) (c) and (d), –040(2), –040(4), the 

second paragraph of –040(6), the exception provision in –050(3), –070(7), –075, 

–115, –120, –131, –136, –141, and –180) as in 

effect 3/22/91; Washington Administrative Code, Chapter 173–405 (Kraft Pulp 

Mills) (except for –033; –035; –040(1)(b), 

(1)(c), (3)(b), (3)(c), and (4); –040 (7), (8), 

and (9); and –072(2)) as in effect 3/22/91; 

Washington Administrative Code Chapter 173–410 (Sulfite Pulping Mills) (except for 035; the exception provision in 

–040(3); and –040(5)) as in effect 3/22/91; 

Washington Administrative Code Chapter 173–415 (Primary Aluminum Plants) 

(except for –020 (1) and (2); –030(1); 

–030(3)(b); –040; and –060(1) (a), (b), and 

(d)) as in effect 3/22/91; Washington Administrative Code Chapter 173–425 

(Open Burning) as in effect 10/18/90; 

Washington Administrative Code Chapter 173–430 (Burning of Field and Forage and Turf Grasses Grown for Seed) 

as in effect 10/18/90; Washington Administrative Code Chapter 173–433 (Solid 

1074 

§ 52.2470 40 CFR Ch. I (7–1–11 Edition) 

Fuel Burning Device Standards) as in 

effect 10/18/90; Washington Administrative Code Chapter 173–434 (except for 

–110, –120, and –130(2)) as in effect 10/18/ 

90; Washington Administrative Code 

Chapter 173–435 (Emergency Episode 

Plan) (except for–070(1)) as in effect 1/3/ 

89; Washington Administrative Code 

Chapter 173–440 (Sensitive Areas) as in 

effect 10/18/90; and Washington Administrative Code Chapter 173–470 (Ambient Air Quality Standards for Particulate Matter) (except for –110 and –150) 

as in effect 1/3/89. 

(39) On May 14, 1991, the Director of 

the Department of Ecology submitted 

revisions to the State of Washington 

Implementation plans for volatile organic compound emissions (WAC 173– 

490 ‘‘Emission Standards and Controls 

for Sources Emitting Volatile Compounds’’) attainment from stationary 

sources in ozone nonattainment areas. 

(i) Incorporation by reference. 

(A) May 14, 1991, letter from Washington Department of Ecology to EPA 

Region 10 submitting the VOC nonattainment area state implementation 

plan for Washington. 

(B) WAC 173–490 ‘‘Emission Standards 

and Controls for Sources Emitting 

Volatile Compounds’’ as adopted on 

February 19, 1991, and became effective 

on March 22, 1991. 

(40) On November 15, 1991, EPA received the Washington Department of 

Ecology submission for a PM10 nonattainment area state implementation 

plan for Kent, Washington. 

(i) Incorporation by reference. 

(A) November 5, 1990, letter from 

Washington Department of Ecology to 

EPA Region 10 submitting the PM10

nonattainment area state implementation plan for Kent, Washington. 

(B) The PM10 nonattainment area 

state implementation plan for Kent, 

Washington as adopted by the Washington Department of Ecology on November 3, 1990, and effective on November 3, 1991. 

(C) December 27, 1990, letter from 

Washington Department of Ecology to 

EPA Region 10 submitting an addendum to the PM10 nonattainment area 

state implementation plan for Kent, 

Washington. 

(D) PM10 SIP addendum, dated June 

5, 1990, to the PM10 Kent, Washington 

state implementation plan. 

(E) November 15, 1991, letter from 

Washington Department of Ecology to 

EPA Region 10 submitting a supplement to the PM10 nonattainment area 

state implementation plan for Kent, 

Washington. 

(F) PM10 SIP supplement, dated November 1991, to the PM10 Kent, Washington state implementation plan. 

(41) On February 17, 1989, and November 15, 1991, the State of Washington 

Department of Ecology submitted PM10

nonattainment area state implementation plan revisions for Thurston County, Washington. 

(i) Incorporation by reference. 

(A) February 17, 1989, letter from 

Washington Department of Ecology to 

EPA Region 10 submitting the PM10

nonattainment area state implementation plan for Thurston County, Washington. 

(B) The PM10 nonattainment area 

state implementation plan for Thurston County, Washington, as adopted 

by the Washington Department of 

Ecology on February 8, 1989. 

(C) November 15, 1991, letter from 

Washington Department of Ecology to 

EPA Region 10 submitting revisions to 

the PM10 nonattainment area state implementation plan for Thurston County, Washington. 

(D) Revision to the PM10 nonattainment area state implementation plan 

for Thurston County, Washington, as 

adopted by the Washington Department of Ecology on November 14, 1991. 

(42) On January 22, 1993, the State of 

Washington Department of Ecology 

submitted revisions to the State Implementation Plan for the State of Washington addressing the attainment and 

maintenance of the National Ambient 

Air Quality Standards for carbon monoxide in the King, Pierce, Snohomish, 

Clark and Spokane Counties. 

(i) Incorporation by reference. 

(A) January 22, 1993, letters from the 

State of Washington Department of 

Ecology to EPA Region 10 submitting 

amendments to the Washington State 

Implementation Plan for Carbon Monoxide in the King, Pierce, Snohomish, 

Clark, and Spokane Counties. 

1075 

Environmental Protection Agency § 52.2470 

(B) Supplements to the State Implementation Plan for Washington State— 

a plan for attaining and maintaining 

National Ambient Air Quality Standards (NAAQS) for the Spokane Carbon 

Monoxide Nonattainment Area, Vancouver Air Quality Maintenance Area, 

and Puget Sound Carbon Monoxide 

Nonattainment Area, adopted on January 22, 1993. 

(C) State Regulations Appendix BPart 2, ‘‘Motor Fuel Specifications for 

Oxygenated Gasoline, Chapter 173–492 

WAC,’’ of the Washington State SIP 

appendices, adopted October 6, 1992. 

(D) State Policies and Guidelines Appendix D, ‘‘Oxygenated Gasoline Program, Implementation Guidelines, 

Washington State Department of Ecology, September 1992.’’ 

(43) On September 11, 1992 and October 8, 1993 the Director of the WDOE 

submitted revisions to PSAPCA’s rules 

for the control of air pollution in 

Pierce, King, Snohomish, and Kitsap 

Counties, Washington as revisions to 

the Washington SIP. These revisions 

superseded and replaced previously 

submitted rules by PSAPCA. 

(i) Incorporation by reference. 

(A) September 11, 1992 letter from the 

Director of WDOE to EPA Region 10 

submitting revisions to PSAPCA’s 

rules for the control of air pollution in 

King, Pierce, Snohomish, and Kitsap 

Counties, Washington, for inclusion 

into the Washington SIP. 

(B) Regulations I, II, and III as adopted by the Board of Directors, PSAPCA, 

and submitted through the WDOE to 

EPA Region 10, as a revision to the 

SIP, with a WDOE adopted date of September 16, 1992. 

(C) October 8, 1993 letter from the Director of WDOE to EPA Region 10 submitting revisions to PSAPCA’s rules 

for the control of air pollution in King, 

Pierce, Snohomish, and Kitsap Counties, Washington, for inclusion into the 

Washington SIP. 

(D) Regulations I, II, and III as 

adopted by the Board of Directors, 

PSAPCA, and submitted through 

WDOE to EPA Region 10, as a revision 

to the SIP, with a WDOE adopted date 

of October 18, 1993. 

(44) On September 22, 1993, the state 

of Washington, through the Washington State Department of Ecology, 

submitted a request to redesignate Tacoma to attainment for sulfur dioxide 

(SO2). 

(i) Incorporation by reference. 

(A) September 22, 1993 letter from 

Washington State Department of Ecology to EPA Region 10 submitting a redesignation request for the Tacoma 

SO2 Air Quality Maintenance Area 

(AQMA). 

(45) On November 16, 1992 the Director of the Washington State Department of Ecology submitted ‘‘State Implementation Plan for the Washington 

State Business Assistance Program,’’ 

adopted November 13, 1992, as a revision to the Washington SIP. 

(i) Incorporation by reference. 

(A) November 13, 1992 letter from the 

Director of the Washington State Department of Ecology submitting ‘‘State 

Implementation Plan for the Washington State Business Assistance Program’’ to EPA. 

(B) State Implementation Plan for the 

Washington State Business Assistance 

Program, including Appendix B, Revised 

Code of Washington (RCW) 70.94.035; 

Appendix D, Washington Administrative Code 173–400–180; Appendix E, RCW 

70.94.181; and Appendix F, Business Assistance Program Guidelines (and 

exluding Appendices A, C, and G), 

dated November 1992, and adopted November 13, 1992. 

(46) On January 28, 1993 the State of 

Washington submitted a SIP revision 

for the purpose of implementing an 

emission statement program for stationary sources within the Vancouver 

Air Quality Maintenance Area and the 

Central Puget Sound Ozone Nonattainment Area. The implementation plan 

was submitted by the State to satisfy 

the Federal requirements for an emission statement program as part of the 

SIP for Washington State. 

(i) Incorporation by reference. 

(A) Letters dated January 22, 1993 

from the Director of the Washington 

Department of Ecology to EPA Region 

10 amending the Washington SIP for 

both the Vancouver and Central Puget 

Sound areas. 

(B) ‘‘Supplement to the SIP for 

Washington State, A Plan for Attaining and Maintaining National Ambient 

Air Quality Standards for Ozone in 

1076 

§ 52.2470 40 CFR Ch. I (7–1–11 Edition) 

Central Puget Sound,’’ sections 6.0, 6.1, 

and 6.2, adopted January 22, 1993. 

(C) ‘‘Supplement to the SIP for Washington State, A Plan for Attaining and 

Maintaining National Ambient Air 

Quality Standards for Ozone in the 

Vancouver Air Quality Maintenance 

Area,’’ sections 7.0, 7.1, 7.2, and 7.3, 

adopted January 22, 1993. 

(47) On November 5, 1990, December 

27, 1990, November 15, 1991 and May 11, 

1994 the Director of WDOE submitted 

to EPA SIP revisions for the purpose of 

bringing about attainment of the National ambient air quality standards 

(NAAQS) for particulate matter with 

an aerodynamic diameter less than or 

equal to a nominal 10 micrometers 

(PM–10). The implementation plan was 

submitted by the State to satisfy certain Federal Clean Air Act requirements for an approvable moderate nonattainment area PM–10 SIP for Seattle, 

Washington. 

(i) Incorporation by reference. 

(A) Letters dated November 5, 1990, 

December 27, 1990, November 13, 1991 

and May 2, 1994, from WDOE to EPA 

submitting the revisions to the SIP for 

the State of Washington. 

(B) Revisions to the Washington SIP 

for the purpose of bringing about attainment of the National ambient air 

quality standards (NAAQS) for particulate matter with an aerodynamic diameter less than or equal to a nominal 

10 micrometers (PM–10): 

(1) A Plan for Attaining and Maintaining the National Ambient Air 

Quality Standard for PM–10 in the Seattle Duwamish Valley, September 

1989, adopted November 3, 1990; 

(2) Resolution No. 639 (amendments 

to the PM–10 attainment and maintenance strategy), adopted December 8, 

1988; 

(3) State Implementation Plan for 

Particulate Matter in the Seattle 

Duwamish Valley, Supplement, dated 

November 199l, adopted November 14, 

1991; and 

(4) State Implementation Plan for 

Particulate Matter in the Seattle 

Duwamish Valley, Supplement, dated 

January 1, 1994, adopted May 4, 1994. 

(48) On November 15, 1991, the Director of WDOE submitted to EPA a PM– 

10 nonattainment area SIP revision for 

the purpose of bringing about attainment of the National ambient air quality standards (NAAQS) for particulate 

matter with an aerodynamic diameter 

less than or equal to a nominal 10 micrometers (PM–10). The implementation plan was submitted by the State 

to satisfy certain Federal Clean Air 

Act requirements for an approvable 

moderate nonattainment area PM–10 

SIP for Tacoma, Washington. 

(i) Incorporation by reference. 

(A) Letters dated November 13, 1991 

and June 30, 1994 from WDOE to EPA 

submitting revisions to the State of 

Washington SIP. 

(B) State Implementation Plan for Particulate Matter in the Tacoma Tideflats, 

Pierce County, including appendices AF, dated November 1991, and adopted 

November 14, 1991. 

(49) On November 10, 1993, the State 

of Washington Department of Ecology 

submitted a CO State Implementation 

Plan for Clark County, Washington. 

(i) Incorporation by reference. 

(A) November 10, 1993 letter from the 

State of Washington Department of 

Ecology to EPA Region 10 submitting 

the CO State Implementation Plan for 

Clark County, Washington. 

(B) Supplement to a Plan for Attaining and Maintaining National Ambient 

Air Quality Standards for Carbon Monoxide in the Vancouver Air Quality 

Maintenance Area, Replacement Pages, 

as adopted by the Washington State 

Department of Ecology on November 

15, 1993. 

(50) By a letter dated December 29, 

1993, the Director of WDOE submitted 

to the Regional Administrator of EPA 

a revision to the Washington SIP updating the regulations from the Northwest Air Pollution Authority. 

(i) Incorporation by reference. 

(A) The December 29, 1993 letter from 

the Director of the Washington State 

Department of Ecology submitting the 

Northwest Air Pollution Authority 

Regulations as a revision to the Washington SIP. 

(B) Regulations of the Northwest Air 

Pollution Authority—sections 100, 101, 

102, 103, 104.1, 105, 106, 110, 111, 112, 113, 

114, 120, 121, 122, 123, 124, 130, 131, 132, 

133, 134, 135, 140, 145, 150, 180, 200, 300, 

301, 302, 303, 310, 320, 321, 322, 323, 324, 

325, 340, 341, 342, 360, 365, 366, 400, 401, 

410, 420, 421, 424, 450, 451, 452 (except for 

1077 

Environmental Protection Agency § 52.2470 

452.5.), 455, 458, 460, 462, 466, 510, 520, 550, 

560, and 580, effective on September 8, 

1993. 

(51) On April 11, 1994 the Washington 

Department of Ecology (WDOE) submitted the Southwest Air Pollution 

Control Authority (SWAPCA) 400 General Regulations for Air Pollution 

Sources as a revision to the Washington State Implementation Plan 

(SIP). 

(i) Incorporation by reference. 

(A) April 11, 1994 letter from the Director of WDOE to EPA Region 10 submitting the Southwest Air Pollution 

Control Authority SWAPCA 400 Regulation, General Regulations for Air 

Pollution Sources. 

(B) Regulations of the Southwest Air 

Pollution Control Authority—Sections 

010; 020; 030 except the second sentences 

of (14) and (43); 040 except (1)(c) and 

(1)(d) (2) (4) and the exception provision 

of (6)(a); 050 except the exception provision of (3); 052; 060; 070 except (7); 081; 

090; 100 except the first sentence of 

(3)(a)(iv) and (5); 101; 105; 107; 110; 112; 

113; 114; 151; 161; 171; 190; 200; 205; 210; 

220; 230; 240; 250; and 260, effective on 

November 8, 1993. 

(52) On December 6, 1994, the Director 

of WDOE submitted to EPA a contingency measure SIP revision for the 

Puget Sound Carbon Monoxide Nonattainment Area to satisfy certain applicable requirements of the Act. 

(i) Incorporation by reference. 

(A) Letter dated November 30, 1994 

from WDOE to EPA submitting the CO 

revision for the Puget Sound area and, 

‘‘A Plan for Attaining and Maintaining 

National Ambient Air Quality Standards for the Puget Sound Carbon Monoxide Nonattainment Area,’’ replacement pages 10–1 through 10–3, dated November 16, 1994, adopted November 29, 

1994, and Attachment B of Addendum 

E, ‘‘Contingency Measure Plan Element for the Central Puget Sound Region Carbon Monoxide State Implementation Plan—Final Plan,’’ pages 1– 

15, dated May 26, 1994, and adopted November 29, 1994. 

(53) Various minor revisions consisting of amended regulations affecting a local air agency, the Puget Sound 

Air Pollution Control Agency, and a recodified Table of Contents for the SIP 

were submitted to EPA from WDOE for 

inclusion into the Washington SIP. 

(i) Incorporation by reference. 

(A) Letters dated April 28, May 25, 

and December 5, 1994 from the Director 

of the Washington State Department of 

Ecology to the EPA Regional Administrator submitting minor revisions to 

PSAPCA’s regulations for inclusion 

into the SIP: Puget Sound Air Pollution Control Agency, Regulations I, II, 

and III, adopted on May 4, 1994; Puget 

Sound Air Pollution Control Agency, 

Regulations I, II, and III, adopted on 

May 25, 1994; and Puget Sound Air Pollution Control Agency, Regulations I, 

II, and III, adopted on December 8, 1994. 

(B) Letter dated January 26, 1995 

from the Director of the Washington 

State Department of Ecology to the 

EPA Regional Administrator submitting the Recodified SIP Table of Contents, dated January 1995, and adopted 

on February 1, 1995. 

(54) On March 8, 1994, the Director of 

WDOE submitted to the Regional Administrator of EPA numerous revisions 

to the State of Washington Implementation Plan which included updated 

new source review regulations and provisions for voluntary limits on a 

source’s potential to emit. The revisions were submitted in accordance 

with the requirements of section 110 

and Part D of the Clean Air Act (hereinafter the Act). 

(i) Incorporation by reference. 

(A) March 8, 1994 and May 8, 1995 letters from WDOE to EPA submitting requests for revisions to the Washington 

SIP consisting of an amended state 

regulation; Chapter 173–400 Washington 

Administrative Code General Regulations for Air Pollution Sources, adopted on August 20, 1993, in its entirety 

with the exception of the following sections: –040(1)(c) and (d); –040(2); –040(4); 

the second paragraph of –040(6); the exception provision in –050(3); –070(7); 

–075; –112(8); –113(5); –114; –115; –120; –131; 

–136; –141; and –180. 

(55) On January 22, 1993 the Director 

of the Washington State Department of 

Ecology (WDOE) submitted the amendment to the Washington SIP for Carbon Monoxide (CO) in the King, Pierce, 

and Snohomish Counties’ Urbanized 

Areas. 

(i) Incorporation by reference. 

1078 

§ 52.2470 40 CFR Ch. I (7–1–11 Edition) 

(A) The January 22, 1993 letter from 

the Director of the WDOE submitting 

the Amendment to the Washington SIP 

for Carbon Monoxide in the King, 

Pierce, and Snohomish Counties’ Urbanized Areas to EPA, ‘‘Supplement to 

the SIP for Washington State, Puget 

Sound Carbon Monoxide Nonattainment Area, January 1993,’’ Section 6.0 

Vehicle Miles Traveled Forecasting 

and Tracking, adopted on January 22, 

1993. 

(ii) Additional material. 

(A) VMT supplements to include the 

VMT Tracking Report data required 

for the Puget Sound CO Nonattainment 

Areas, dated October 13, 1994 and September 19, 1994. 

(56) On February 14, 1995, the Director 

for the Washington State Department 

of Ecology (WDOE) submitted amended 

regulations for the Northwest Air Pollution Authority (NWAPA) as a revision to the Washington State Implementation Plan (SIP). 

(i) Incorporation by reference. 

(A) The February 7, 1995 letter from 

the Director of WDOE submitting the 

amended NWAPA regulations to the 

Environmental Protection Agency 

(EPA); the Northwest Air Pollution 

Authority Regulations (approving sections 104.1, 132, 133, 200, 300, 301, 302, 322, 

324 (except for 324.121), 340, 451, 462, 580) 

adopted on February 10, 1995. 

(57) On May 2, 1995, WDOE submitted 

to EPA revisions to the Washington 

SIP addressing the conditional approval of the State Implementation 

Plan (SIP) for particulate matter 

(PM10) in the Tacoma TIdeflats PM10 

Nonattainment Area. 

(i) Incorporation by reference. 

(A) May 2, 1995 letter from WDOE to 

EPA Region submitting the SIP revision for Particulate Matter in the Tacoma Tideflats, A Plan for Attaining 

and Maintaining the National Ambient 

Air Quality Standard for PM10, Supplement May 1995, adopted on May 4, 1995. 

(58) On February 21, 1995 and May 11, 

1994, WDOE submitted to EPA revisions to the Washington SIP addressing 

the contingency measures for the Seattle and Kent PM–10 nonattainment 

plans. 

(i) Incorporation by reference. 

(A) February 21, 1995 letter from the 

Washington Department of Ecology to 

EPA Region 10 submitting PSAPCA 

Section 13.07—Contingency Plan, 

adopted December 8, 1994, as a revision 

to the Seattle PM–10 attainment plan 

and the Washington SIP. 

(B) May 11, 1994 letter from WDOE to 

EPA Region 10 submitting clarifying 

documentation to the contingency 

measure for Kent Valley PM–10 attainment plan. 

(59) Various minor revisions consisting of amended regulations affecting a local air agency, PSAPCA, were 

submitted to EPA from the WDOE for 

inclusion into the Washington SIP. 

(i) Incorporation by reference. 

(A) Letters dated May 17, and September 7, 1995 from the Director of the 

WDOE to the EPA Regional Administrator submitting minor revisions to 

PSAPCA’s regulations for inclusion 

into the SIP: PSAPCA, Regulation I 

adopted on May 22, 1995; PSAPCA, Regulation III adopted on September 11, 

1995. 

(60) On November 29, 1995 the Director of WDOE submitted to the Regional 

Administrator of EPA the Energy Facility Site Evaluation Council Regulations (EFSEC) as a revision to the 

Washington State Implementation 

Plan (SIP). 

(i) Incorporation by reference. 

(A) The November 29, 1995 letter from 

WDOE to EPA submitting requests for 

revisions to the Washington SIP to include the Energy Facility Site Evaluation Council Regulations; EFSEC Regulation Chapter 463–39 Washington Administrative Code General and Operating Permit Regulations for Air Pollution Sources, (excluding the following sections: 005 (2) through (4); 

–070; –090; –105; –115; –140; those portions 

of –005(1), –020, –030, –095, –100, and –120 

containing any reference to regulations 

or provisions of regulations in Chapters 

173–400, 173–401, 173–406, 173–460, or 463– 

58a) adopted on November 16, 1995. 

(61) SIP revisions received from 

WDOE on August 21, 1995, requiring vehicle owners to comply with its I/M 

program in the two Washington ozone 

nonattainment areas classified as 

‘‘marginal’’ and in the three carbon 

monoxide nonattainment areas classified as ‘‘moderate’’. This revision applies to the Washington counties of 

1079 

Environmental Protection Agency § 52.2470 

Clark, King, Pierce, Snohomish, and 

Spokane. 

(i) Incorporation by reference. 

(A) July 26, 1995 letter from Director 

of WDOE to the Regional Administrator of EPA submitting revisions to 

WDOE’s SIP consisting of the July 1995 

Washington State Implementation Plan 

for the Motor Vehicle Inspection and 

Maintenance Program (including Appendices A through F), adopted August 1, 

1995, and a supplement letter and 

‘‘Tools and Resources’’ table dated May 

10, 1996. 

(62) On September 30, 1994, the Director of WDOE submitted to the Regional 

Administrator of EPA a revision to the 

Carbon Monoxide State Implementation Plan for, among other things, the 

CO attainment demonstration for the 

Central Puget Sound carbon monoxide 

nonattainment area. This was submitted to satisfy federal requirements 

under section 187(a)(7) of the Clean Air 

Act, as amended in 1990, as a revision 

to the carbon monoxide State Implementation Plan. 

(i) Incorporation by reference. 

(A) September 30, 1994, letter from 

WDOE to EPA submitting an attainment demonstration revision for the 

Central Puget Sound CO nonattainment area (adopted on September 30, 

1994); a supplement letter and document from WDOE, ‘‘Reexamination of 

Carbon Monoxide Attainment Demonstration for the Tacoma Carbon 

Monoxide Monitoring Site for the Supplement to the State Implementation 

Plan for Washington State, A Plan for 

Attaining and Maintaining National 

Ambient Air Quality Standards for 

Carbon Monoxide in the Puget Sound 

Nonattainment Area,’’ dated May 10, 

1996; and a supplement letter and document from WDOE, ‘‘Revisions to the 

May 1996 Reexamination of Carbon 

Monoxide Attainment Demonstration 

for the Tacoma Carbon Monoxide Monitoring Site’’, dated September 12, 1996. 

(63) On September 30, 1994, the Director of WDOE submitted to the Regional 

Administrator of EPA a revision to the 

carbon monoxide State Implementation Plan for, among other things, the 

1990 and 1995 Emission Inventories for 

Area, Nonhighway Mobile, and OnRoad Mobile Sources. 

(i) Incorporation by reference. 

(A) September 30, 1994, letter from 

WDOE to EPA submitting emission inventories for the Puget Sound CO nonattainment area (adopted on September 30, 1994); NonHighway Mobile 

Sources Emission Inventory for Carbon 

Monoxide and Precursors of Ozone for 

King, Pierce and Snohomish Counties 

Base Year 1990, dated December 1993; 

Stationary Area Sources Emission Inventory for Carbon Monoxide and Precursors of Ozone for King, Pierce and 

Snohomish Counties Base Year 1990, 

dated December 1993; Stationary Area 

Sources Emission Inventory for Carbon 

Monoxide and Precursors of Ozone for 

King, Pierce and Snohomish Counties 

Projection Year 1995, dated September 

1994; Supplement to the SIP, ‘‘Puget 

Sound Carbon Monoxide Nonattainment Area,’’ Replacement Pages, dated 

September 1994; Non-Road Mobile 

Sources Emission Inventory for Carbon 

Monoxide and Precursors of Ozone for 

King, Pierce and Snohomish Counties, 

Base Year 1990, dated September 1994; 

Non-Highway Mobile Sources Projections for 1995 Emission Inventory for 

Carbon Monoxide and Precursors of 

Ozone for King, Pierce and Snohomish 

Counties, dated September 1994; Seattle-Tacoma Urban Carbon Monoxide 

Nonattainment Area 1990 Base Year On 

Road Mobile Source Emissions Inventory, dated August 1994; and SeattleTacoma Urban Carbon Monoxide Nonattainment Area 1995 Projected Year 

On Road Mobile Source Emissions Inventory, dated August 1994. 

(64) Minor revisions consisting of 

amended regulations affecting WDOE 

and a local air agency, PSAPCA, were 

submitted to EPA from WDOE for inclusion into the Washington SIP. 

(i) Incorporation by reference. 

(A) Letters dated January 26, 1995 

and December 27, 1995 from the Director of the WDOE to the EPA Regional 

Administrator which included deletion 

of two regulations from the Washington SIP (Chapter 173–402 WAC Civil 

Sanctions under Washington Clean Air 

Act, and Chapter 173–440 WAC Sensitive 

Areas), adopted on February 1, 1995, 

and the following revisions to 

PSAPCA’s regulations for inclusion 

into the SIP: Regulation I, Section 3.11 

1080 

§ 52.2470 40 CFR Ch. I (7–1–11 Edition) 

Civil Penalties, Section 5.07 Registration Fees, and Section 5.11 Registration of Oxygenated Gasoline Blenders; 

and Regulation III, Section 1.01 Policy, 

all adopted on September 14, 1995. 

(65) Several minor revisions consisting of amended regulations affecting a local air agency, the Puget Sound 

Air Pollution Control Agency, were 

submitted to EPA from the Washington State Department of Ecology 

for inclusion into the Washington 

State Implementation Plan. 

(i) Incorporation by reference. 

(A) Letter dated May 24, 1996 from 

the Director of the Washington State 

Department of Ecology to the EPA Regional Administrator submitting revisions to the Puget Sound Air Pollution 

Control Agency regulations for inclusion into the State Implementation 

Plan: Puget Sound Air Pollution Control Agency, Regulation I, Article 8, 

Outdoor Fires, sections 8.02, Outdoor 

Fires-Prohibited Types, and 8.05, Agricultural Burning, effective 3/14/96; 

Puget Sound Air Pollution Control 

Agency, Regulation III, Article 3, 

Source-Specific Emission Standards, 

section 3.03, Perchloroethylene Dry 

Cleaners, effective 12/14/95. 

(66) On March 4, 1996 the Director of 

WDOE submitted to the Regional Administrator of EPA a revision to the 

Ozone State Implementation Plan for 

the Puget Sound area requesting the 

Puget Sound Nonattainment Area be 

reclassified to attainment and containing a maintenance plan that demonstrates continued attainment of the 

NAAQS for ozone. The emission inventory projections are included in the 

maintenance plan. 

(i) Incorporation by reference. 

(A) Letter submitted on March 4, 1996 

from the Washington State Department of Ecology requesting the redesignation and submitting the maintenance plan; Central Puget Sound Region Redesignation Request and Maintenance Plan for the National Ambient 

Ozone Standard adopted on Febuary 6, 

1996. 

(ii) Additional material. 

(A) Appendices to the Central Puget 

Sound Region Redesignation Request 

and Maintenance Plan for the National 

Ambient Ozone Standard, November 

1995: Appendix A, Technical Analysis 

Protocol; Appendix B, Ozone Air Quality Monitoring Site Network; Appendix 

C, Ambient Ozone Monitoring Data; 

Appendix D, Historical and Projected 

Puget Sound Region VMT and Employment; Appendix E, 1993–2010 Emission 

Inventory Projection; Appendix F, 

Transportation Conformity Process; 

Appendix G, Outline of Puget Sound 

Tropospheric Ozone Research Plan; and 

Appendix H, Prospective Vehicle Inspection and Maintenance (Vehicle I/M) 

Program Evaluation Outline. 

(67) On February 29, 1996 the Director 

of WDOE submitted to the Regional 

Administrator of EPA a revision to the 

Carbon Monoxide State Implementation Plan for the Central Puget Sound 

area containing a maintenance plan 

that demonstrated continued attainment of the NAAQS for carbon monoxide through the year 2010 and also 

containing an oxygenated fuels program as a contingency measure to be 

implemented if the area violates the 

CO NAAQS. 

(i) Incorporation by reference. 

(A) The February 29, 1996 letter from 

WDOE to EPA requesting the redesignation of the Puget Sound carbon monoxide nonattainment area to attainment and submitting the maintenance 

plan; the Central Puget Sound Region 

Redesignation Request and Maintenance Plan for the National Ambient 

Carbon Monoxide Standard dated January 1996. 

(ii) Additional material. 

(A) Letter dated May 2, 1996, to EPA 

from the Puget Sound Air Pollution 

Control Agency, subject ‘‘Carbon Monoxide SIP Applicability on Indian 

Lands;’’ and Appendices to the Puget 

Sound Region Redesignation Request 

and Maintenance Plan for the National 

Ambient Carbon Monoxide Standard 

dated January 1996: Appendix A, Technical Analysis Protocol; Appendix B, 

Carbon Monoxide Air Quality Data 

Monitoring Network; Appendix C, Ambient Carbon Monoxide Monitoring 

Data; Appendix D, Historical and Projected Puget Sound Region VMT and 

Employment; Appendix E, Emission Inventory Projection; Appendix F, Analysis of the Probability of Continued CO 

Attainment in Puget Sound; and Appendix G, Transportation Conformity 

Process. 

1081 

Environmental Protection Agency § 52.2470 

(68) On March 19, 1996, the Director of 

Washington State Department of Ecology (Washington) submitted to the Regional Administrator of EPA a revision 

to the Carbon Monoxide State Implementation Plan for the Vancouver area 

containing a maintenance plan that 

demonstrated continued attainment of 

the NAAQS for carbon monoxide 

through the year 2006 and also containing an oxygenated fuels program as 

a contingency measure to be implemented if the area violates the CO 

NAAQS. 

(i) Incorporation by reference. 

(A) Letter dated March 19, 1996 from 

Washington to EPA requesting the redesignation of the Vancouver carbon 

monoxide nonattainment area to attainment and submitting the maintenance plan; the ‘‘Supplement to the 

State Implementation Plan for Carbon 

Monoxide (CO) in Vancouver, WA—Redesignation Request for Vancouver, 

WA as Attainment for CO,’’ dated December 19, 1995, and adopted on February 29, 1996. 

(B) Letters dated January 22, 1993 and 

April 22, 1994 from Washington to EPA 

submitting a revision and replacement 

pages to the State Implementation 

Plan; enclosure dated November 1992 

entitled ‘‘Portland-Vancouver Carbon 

Monoxide Non-attainment Area (Washington State Portion), 1990 Base Year 

Emissions Inventory,’’ together with 

the emission inventory replacement 

pages for carbon monoxide in Vancouver, dated December 1993. 

(ii) Additional material. 

(A) Appendices to the Vancouver 

Area Redesignation Request and Maintenance Plan for the National Ambient 

Carbon Monoxide Standard dated December 1995: Appendix A, Technical 

Analysis Protocol; Appendix B, Carbon 

Monoxide Air Quality Data Monitoring 

Network; Appendix C, Carbon Monoxide Saturation Study; Appendix D, 

Carbon Monoxide Air Quality Monitoring Data; Appendix E, Emission Inventory; Appendix F, Conformity Process; Appendix G, Historical and Projected Population, Employment and 

Households; Appendix H, Portland/Vancouver Carbon Monoxide Nonattainment Area Separation Documentation; 

Appendix I, Washington Department of 

Ecology Vancouver Carbon Monoxide 

Study; and Appendix J, Maintenance 

Planning Process. 

(69) EPA received from the Washington Department of Ecology PM10

nonattainment area plans for Wallula 

and Spokane, Washington, as revisions 

to the Washington state implementation plan. 

(i) Incorporation by reference. 

(A) November 13, 1991 letter from 

Washington Department of Ecology 

(WDOE) to EPA Region 10 submitting 

the State Implementation Plan for Particulate Matter in the Wallula Study Area, 

A Plan for Attaining and Maintaining the 

National Ambient Air Quality Standard 

for PM10 (including Appendices ‘‘D’’ 

(Exceptional Events Analysis), ‘‘E’’ 

(Reasonably Available Control Measure 

Analysis), ‘‘F’’ (Reasonably Available 

Control Technical Analysis of Boise 

Cascade, Wallula), and ‘‘H’’ (Discussion 

of Modified Attainment Demonstration)), adopted November 14, 1991; May 

18, 1993 letter from WDOE forwarding a 

report titled, ‘‘Addendum to the State 

Implementation Plan for the Wallula 

PM–10 Nonattainment Area, Reasonably Available Control Measure Analysis’’, further describing the control 

measures being implemented in the 

area; June 23, 1994 letter from WDOE 

providing additional information describing the status of the control measures and forwarding an analysis of 

windblown dust in the area; April 28 

and May 18, 1995, letters from WDOE to 

EPA Region 10, providing additional information on the allowable and fugitive emissions for point sources and air 

quality dispersion modeling; June 1, 

1995, letter from WDOE providing information on allowable emissions; and a 

September 6, 1995, letter from WDOE 

forwarding a revised emission inventory for point sources within the 

Wallula nonattainment area. 

(B) December 9, 1994, letter from 

WDOE submitting the Spokane PM10

Attainment Plan (including Appendices ‘‘C’’ (Analysis of PM10 Data/ 

Exceedances of the 24-Hour Standard), 

‘‘E’’ (Detailed Analysis of Dust Storms/ 

Analysis of the Impact of Biogenic 

PM10 Sources), ‘‘F’’ (Analysis of PM10

Data/Exceedances of the 24–Hour 

Standard, Excluding Dust Storms), ‘‘I’’ 

1082 

§ 52.2470 40 CFR Ch. I (7–1–11 Edition) 

(Reasonable Available Control Measures Analysis), ‘‘J,’’ (Additional Controls/Contingency Measures), ‘‘K,’’ 

(Dispersion Modelling and Attainment 

Demonstration), and ‘‘L,’’ (Demonstration of Attainment of the Annual 

Standard)), dated December 1994, and 

adopted December 12, 1994; 

(C) Spokane County Air Pollution 

Control Authority (SCAPCA) Order No. 

91–01 providing for an alternate opacity 

limit for the Kaiser Aluminum and 

Chemical Corporation, Trentwood aluminum facility; SCAPCA Orders 96–03, 

96–04, 96–05 and 96–06 (all dated April 24, 

1996) lowering the potential to emit for 

the Kaiser Aluminum—Trentwood facility; and 

(D) SCAPCA regulations: Article VI, 

section 6.05, ‘‘Particulate Matter and 

Preventing Particulate Matter from 

Becoming Airborne,’’ section 6.14, 

‘‘Standards for Control of Particulate 

Matter on Paved Surfaces,’’ and section 6.15, ‘‘Standards for Control of 

Particulate Matter on Unpaved 

Roads;’’ (effective November 12, 1993); 

and Article VIII, ‘‘Solid Fuel Burning 

Device Standards,’’ (adopted April 7, 

1988). 

(ii) Additional material. 

(A) SCAPCA’s zoning ordinance provisions requiring the paving of new 

parking lots (4.17.059 and 4.802.080 of the 

Zoning Code of Spokane County, dated 

5/24/90). 

(70) On January 24, 1996 the Director 

of WDOE submitted to the Regional 

Administrator of EPA regulations of 

the SWAPCA for the control of air pollution in Clark, Cowlitz, Lewis, 

Skamania and Wahkiakum Counties, 

Washington (SWAPCA 400—General 

Regulation for Air Pollution Sources). 

(i) Incorporation by reference. 

(A) The January 24, 1996, letter from 

WDOE to EPA submitting requests for 

revisions to the Washington SIP to include regulations of the SWAPCA for 

the control air of pollution in Clark, 

Cowlitz, Lewis, Skamania and 

Wahkiakum Counties, Washington, as 

revisions to the Washington SIP, 

State-effective September 21, 1995. EPA 

is approving the following sections of 

SWAPCA 400—General Regulation for 

Air Pollution Sources: 010; 020; 030 except the second sentence of (14), (45) 

and (80); 040 except (1)(c), (1)(d), (2), (4) 

and (6)(a); 050 except the exception provision of (3); 052; 060; 070 except (5); 074; 

081; 091; 100 except the first sentence of 

(3)(a)(iv) and (4); 101; 105; 107; 109 except 

for (3)(b), (3)(c), (3)(g), (3)(h), and (3)(i), 

110; 112; 113; 114; 151; 161; 171; 190; 200; 

205; 210; 220; 230; 240; 250; 260; 270; and 

280. 

(71) On March 6, 1996, the Director of 

the Washington State Department of 

Ecology (Ecology) submitted to the Regional Administrator of EPA a revision 

to the Puget Sound Air Pollution Control Agency Regulations, Regulations 

I, II, and III. 

(i) Incorporation by reference. 

(A) Letter dated August 6, 1996 from 

the Department of Ecology to EPA revising the Puget Sound Air Pollution 

Control Agency Regulations; Regulation II Section 3.11 (Coatings and Ink 

Manufacturing), effective on May 16, 

1996; and Regulation III Section 3.01 

(Hard and Decorative Chromium Electroplating and Chromium Anodizing), 

effective on July 18, 1996. 

(72) On November 26, December 3, and 

December 11, 1996, the Director of the 

Washington State Department of Ecology (Washington) submitted to the Regional Administrator of EPA revisions 

to the State Implementation Plan consisting of amendments to Washington 

regulations which remove the requirement for oxygenated gasoline in the 

Vancouver and Central Puget Sound 

areas. 

(i) Incorporation by reference. 

(A) Chapter 173–492, Washington Administrative Code (WAC), Motor Fuel 

Specifications for Oxygenated Gasoline, adopted December 5, 1996; Southwest Air Pollution Control Authority 

(SWAPCA) 492, Oxygenated Fuels, effective November 21, 1996; and Puget 

Sound Air Pollution Control Agency, 

Regulation II, Section 2.09, Oxygenated 

Gasoline Contingency Measure and Fee 

Schedule, revised July 11, 1996. 

(73) The Washington Department of 

Ecology (WDOE) and the Oregon Department of Environmental Quality 

(ODEQ) submitted Maintenance Plans 

that demonstrate continued attainment of the NAAQS for O3 and requested redesignation of the Pdx/Van 

interstate nonattainment area from 

nonattainment to attainment for O3. 

1083 

Environmental Protection Agency § 52.2470 

The SIP revision requests were submitted by the WDOE on June 13, 1996, 

and by ODEQ on August 30, 1996. A 

number of other O3 supporting revisions are included in this submittal 

they are: the 1990 O3 Emission Inventories; changes to the NSR programs; 

regulations implementing the hybrid 

low enhanced I/M programs; an expanded vehicle inspection boundary; 

minor RACT rule changes (Vancouver 

only); Employee Commute Options rule 

(Portland only); Voluntary Parking 

Ratio rule (Portland only); PSEL management rules (Portland only); and 

local area source supporting rules. 

(i) Incorporation by reference. 

(A) Vancouver, Washington Ozone 

Maintenance Plan and Redesignation 

Request—state adopted June, 17, 1996. 

(B) Washington Inspection and Maintenance SIP revision WAC 173 422–030, 

–050, –060, –070, –170, –190—State adopted November 9, 1996. 

(C) NSR: SWAPCA 400–030 (except for 

the second sentence of subsections (14) 

and (49), and subsection (84)), 101, 109 

(except subsections (3)(b), (3)(c), (3)(g), 

(3)(h), and (3)(i)), 110, 111, 112, 113, 114, 

116, and 190, effective November 21, 

1996. 

(D) Supporting Rules. 

(1) SWAPCA 491–010, –015, –020, –030, 

–040, –050, –060,—State-effective on November 1, 1996. 

(2) SWAPCA 490–010, –020, –025, –030, 

–040, –080, –090, –200, –201, –202, –203, –204, 

–205, –207, –208—State effective November 21, 1996. 

(3) SWAPCA 493–100, 493–200–010, –020, 

–030, –040, –050, –060, 493–300–010, –020, 

–030, –040, –050, –060, 493–400–010, –020, 

–030, –040, –050, –060, –070, 493–500–010, 

–020, –030, –040,—State effective May 26, 

1996. 

EDITORIAL NOTE: At 62 FR 42217, Aug. 6, 

1997, the following paragraph (c)(73) was 

added to §52.2470; however, paragraph (c)(73) 

already exists in the 1997 edition. 

(73) On November 26, 1996 and April 7, 

1997, the Director of the Washington 

State Department of Ecology (Washington) submitted to the Regional Administration of EPA revisions to the 

State Implementation Plan consisting 

of minor amendments to Puget Sound 

Air Pollution Control Agency 

(PSAPCA) Regulations I and III. 

(i) Incorporation by reference. 

(A) PSAPC Regulations approved— 

Regulation I, Sections 3.11, 3.23, 5.02, 

5.05, 5.07, 6.03, 7.09—State-adopted 9/12/ 

96. Regulation III, Section 4.03—Stateadopted 9/12/96. Regulation I, Sections 

5.03 and 6.04—State-adopted 12/12/96. 

Regulation III, Sections 1.11, 2.01, and 

2.05—State-adopted 12/12/96. 

(74) On November 26, 1996 and April 7, 

1997, the Director of the Washington 

State Department of Ecology (Washington) submitted to the Regional Administration of EPA revisions to the 

State Implementation Plan consisting 

of minor amendments to Puget Sound 

Air Pollution Control Agency 

(PSAPCA) Regulations I and III. 

(i) Incorporation by reference. 

(A) PSAPCA Regulations approved— 

Regulation I, Sections 3.11, 3.23, 5.02, 

5.05, 5.07, 6.03, 7.09—State-adopted 9/12/ 

96. Regulation III, Section 4.03—Stateadopted 9/12/96. Regulation I, Sections 

5.03 and 6.04—State-adopted 12/12/96. 

Regulation III, Sections 1.11, 2.01 and 

2.05—State-adopted 12/12/96. 

(75) On January 22, 1993, September 

14, 1993, and April 30, 1996, the Director 

of the Washington Department of Ecology submitted to the Regional Administrator of EPA four revisions to the 

SIP consisting of amendments to the 

Spokane CO SIP. 

(i) Incorporation by reference. 

(A) Letter dated January 22, 1993, 

from Washington to EPA requesting 

approval of revisions to the Spokane 

CO portion of the Washington State 

Implementation Plan; the ‘‘Supplement to the State Implementation 

Plan for Washington State, Spokane 

Carbon Monoxide Nonattainment 

Area,’’ dated January 1993, Sections 6.0, 

6.1, 6.3, and 6.4. 

(B) Letter dated September 14, 1993, 

from Washington to EPA providing 

supplementary information to that 

submitted on January 22, 1993; ‘‘Spokane County Carbon Monoxide Non-attainment Area 1990 Base Year Emissions Inventory,’’ dated November 1992. 

(C) Two letters dated April 30, 1996, 

from Washington to EPA submitting 

two revisions to the SIP; ‘‘Supplement 

to A Plan for Attaining and Maintaining National Ambient Air Quality 

Standards for the Spokane Carbon 

Monoxide Nonattainment Area,’’ dated 

March 1995; and ‘‘Supplement to the 

1084 

§ 52.2470 40 CFR Ch. I (7–1–11 Edition) 

State Implementation Plan for Washington State, Spokane County Carbon 

Monoxide Nonattainment Area, Supplement 1 of 2,’’ replacement pages for 

Sections 2.5 and 6.2 of Section 4.5.2.CO.1 

of the State Implementation Plan, 

dated January 1996; ‘‘Supplement to 

the State Implementation Plan for 

Washington State, Spokane County 

Carbon Monoxide Nonattainment Area, 

Supplement 2 of 2,’’ new Section 10.0, 

Contingency Measures, of Section 

4.5.2.CO.1 of the State Implementation 

Plan, dated January 1996; and Spokane 

County Air Pollution Control Authority Motor Fuel Specifications for 

Oxygenated Gasoline, Regulation I, Article VI, Section 6.16, adopted July 6, 

1995. 

(ii) Additional material. 

(A) Letter of September 29, 1995, submitting CO Periodic Emission Inventory Reports; ‘‘Spokane County Carbon 

Monoxide Nonattainment Area, 1993 

Periodic Update Emissions Inventory,’’ 

dated September 1995. 

(76) On March 24, 1989, the Washington Department of Ecology submitted a plan for attaining and maintaining the NAAQS for PM10 in the 

Yakima PM10 moderate nonattainment 

area requesting EPA’s review and approval. The plan was amended with additional submittals between 1992 and 

1995. 

(i) Incorporation by reference. 

(A) The attainment plan is contained 

in the following documents: a submittal of March 24, 1989, adopted that 

same date, from Washington State Department of Ecology, titled, State Implementation Plan for Particulate Matter—Yakima Area A Plan for Attaining 

and Maintaining the National Ambient 

Air Quality Standard for PM10; a supplement to the plan adopted August 19, 

1992, titled, Supplement State Implementation Plan for Particulate Matter (PM10) 

in Yakima, WA and an addendum adopted February 3, 1994 on contingency 

measures. 

(B) Portions of Restated Regulation I 

of the Yakima County Clean Air Authority, effective December 15, 1995, including Article I; Article II except Section 2.01; Article III; Article IV; Article 

V except Section 5.09; Article VIII; Article IX; Article XI; Article XII except 

Section 12.02; and, Article XIII except 

Sections 13.04 and 13.05. 

(ii) Additional material: 

(A) August 19, 1992: A modeling and 

inventory supplement to the original 

plan. 

(B) March 10, 1995: A supplemental information package primarily on emissions and modeling. 

(C) June 27, 1995: A supplemental letter on monitoring, public notice and 

emissions. 

(D) August 17, 1995: A supplemental 

emissions analysis. 

(E) November 3, 1995: More emissions 

analysis and the maintenance demonstration. 

(77) On December 30, 1997, the Director of the Washington State Department of Ecology submitted to the Regional Administration of EPA revisions 

to the State Implementation Plan consisting of minor amendments to Puget 

Sound Air Pollution Control Agency 

(PSAPCA) Regulation I. 

(i) Incorporation by reference. 

(A) PSAPCA Regulations approved— 

Regulation I, Sections 3.11, 5.05, 5.07, 

6.04, 6.10—State-adopted 9/11/97. 

(78) EPA approves a minor revision to 

the SIP dated January 8, 1998 to include a variance to a permit issued to 

the U.S. Army for the operation of 

three heat recovery incinerators located at Fort Lewis by local air pollution control agency, the Puget Sound 

Air Pollution Control Agency. 

(i) Incorporation by reference. 

(A) Puget Sound Air Pollution Control Agency, Notice of Construction 

No. 7216, Date: Nov 25, 1997. 

(79) February 22, 1999, letter from 

WDOE submitting a revision and replacement pages to the State Implementation Plan for the Spokane PM–10 

Attainment Plan that will preserve the 

applicability of Section 6.14 Standards 

for Control of Particulate Matter on 

Paved Surfaces, and Section 6.15 Standards for Control of Particulate Matter 

on Unpaved Roads, should the area be 

redesignated as attainment or the preexisting PM–10 standard is revoked for 

Spokane. 

(i) Incorporation by reference. 

(A) Spokane County Air Pollution 

Control Authority’s Regulation I., Article VI: Section 6.14 Standards for 

Control of Particulate Matter on Paved 

1085 

Environmental Protection Agency § 52.2470 

Surfaces and; Section 6.15 Standards 

for Control of Particulate Matter on 

Unpaved Roads, effective February 13, 

1999. 

(80) On August 16, 1999, the Washington State Department of Ecology 

submitted a maintenance plan and redesignation request for the Thurston 

County PM–10 nonattainment area 

(dated June 11, 1997). EPA approves the 

Thurston County, Washington PM–10 

area maintenance plan and the redesignation to attainment. 

(81) On August 23, 1999, the Washington State Department of Ecology 

requested the redesignation of Kent, 

Seattle, and Tacoma PM–10 nonattainment areas to attainment of the National Ambient Air Quality Standard 

for particulate matter. EPA approves 

the State’s PM–10 maintenance plan 

for Kent, Seattle, and Tacoma and request for redesignation to attainment. 

(i) Incorporation by reference. 

(A) Revised Code of Washington 

(RCW) 70.94.477(2), dated 1995. 

(B) RCW 70.94.457, dated 1995. 

(ii) Additional Material. 

(A) August 23, 1999, letter from Washington State Department of Ecology to 

EPA Region 10 submitting the PM–10 

maintenance plan for Kent, Seattle, 

and Tacoma nonattainment areas of 

Washington. 

(82) On November 5, 1999, the State of 

Washington, Department of Ecology 

submitted a revision to the Visibility 

SIP. EPA approves all provisions to the 

November 5, 1999 Visibility SIP revision including, but not limited to the 

1998 Smoke Management Plan, and 

South West Air Pollution Control 

Agency, Reasonably Available Control 

Technology order on the Centralia 

Power plant. EPA is taking no action 

on Section VIII. Identification and 

Analysis for Best Available Retrofit 

Technology (BART) and Section X, 

New Source Review, of the November 5, 

1999, Visibility SIP revision. 

(i) Incorporation by reference. 

(A) South West Air Pollution Control 

Agency (SWAPCA) regulatory order, 

SWAPCA 97–2057R1, Regulatory Order 

to Establish RACT Limits and Order of 

Approval, Adopted February 26, 1998. 

(B) [Reserved] 

(83) On December 17, 2003, the Washington Department of Ecology submitted carbon monoxide and ozone second 10-year maintenance plans. The 

State’s maintenance plans, meet the 

requirements of the Clean Air Act. 

(i) Incorporation by reference. 

(A) Puget Sound Clean Air Agency, 

Regulation I, Section 8.06, Outdoor 

Burning Ozone Contingency Measure, 

as in effect December 19, 2002. 

(B) Puget Sound Clean Air Agency, 

Regulation II, Section 2.09, Oxygenated 

Gasoline Carbon Monoxide Contingency Measures and Fee Schedule, as 

in effect December 19, 2002. 

(C) Puget Sound Clean Air Agency, 

Regulation II, Section 2.10, Gasoline 

Station Ozone Contingency Measure, as 

in effect December 19, 2002. 

(84) On September 24, 2001 and February 9, 2004, the Washington State Department of Ecology submitted amendments to Puget Sound Clean Air Agency’s regulations (Regulation I, II, and 

III) as revisions to the Washington 

State implementation plan. 

(i) Incorporation by reference. 

(A) The following new and revised 

sections of Puget Sound Clean Air 

Agency’s Regulations: Regulation I, 

Sections 1.01, Policy; 1.03, Name of 

Agency; and 1.05, Short Title, adopted 

September 9, 1999; 3.04, Reasonably 

Available Control Technology [except 

(e)], adopted March 11, 1999; 3.06 Credible Evidence, adopted October 8, 1998; 

5.03, Registration Required [except 

(a)(5)], adopted July 8, 1999; 5.05 General Reporting Requirements for Registration, adopted September 10, 1998; 

7.09, General Reporting Requirements 

for Operating Permits, adopted September 10, 1998; 8.04, General Conditions for Outdoor Burning; 8.05, Agricultural Burning; 8.09, Description of 

King County No-Burn Area; 8.10, Description of Pierce County No-Burn 

Area; and 8.11, Description of Snohomish County No-Burn Area, adopted 

November 9, 2000; and 8.12, Description 

of Kitsap County No-Burn Area, adopted October 24, 2002; 9.03, Emission of 

Air Contaminant: Visual Standard [except (e)], adopted March 11, 1999; 9.04, 

Opacity Standards for Equipment with 

Continuous Opacity Monitoring Systems [except (d)(2) and (f)], adopted 

April 9, 1998; 9.09, Particulate Matter 

Emission Standards, adopted April 9, 

1086 

§ 52.2470 40 CFR Ch. I (7–1–11 Edition) 

1998; 9.15, Fugitive Dust Control Measures, adopted March 11, 1999; 9.16, 

Spray-Coating Operations, adopted 

July 12, 2001; 12.01, Applicability and 

12.03, Continuous Emission Monitoring 

Systems [except (b)(2)], adopted April 

9, 1998; 13.01, Policy and Purpose, 

adopted September 9, 1999; and 13.02, 

Definitions, adopted October 8, 1998; 

Regulation II, Sections 1.01, Purpose; 

1.02, Policy; 1.03, Short Title; and 1.05, 

Special Definitions, adopted September 

9, 1999; 2.01, Definitions, adopted July 8, 

1999; 2.07, Gasoline Stations, adopted 

December 9, 1999; 2.08, Gasoline Transport Tanks, adopted July 8, 1999; and 

3.02, Volatile Organic Compound Storage Tanks, adopted July 8, 1999. 

(B) The following Puget Sound Clean 

Air Agency Notice of Construction 

(NOC) Order of Approvals: Holnam, 

Inc., Ideal Division (now known as 

LaFarge North America, Inc.) NOC 

Order of Approval No. 5183, effective 

date February 9, 1994; and Saint-Gobain 

Containers LLC, NOC Order of Approval No. 8244, effective date September 30, 2004. 

(C) Remove the following provisions 

from the current incorporation by reference: Regulation I, Sections 3.01, Duties and Powers of the Control Officer; 

3.05, Investigations by the Control Officer; 3.07, Compliance Tests; 3.09, Violations—Notice; 3.11, Civil Penalties; 3.13, 

Criminal Penalties; 3.15, Additional Enforcement; 3.17, Appeal of Orders; 3.19, 

Confidential Information; 3.21, Separability; 3.23, Alternate Means of Compliance; 5.07, Registration Fees; 8.02, Outdoor Fires-Prohibited Types; 8.03, Outdoor Fires-Prohibited Areas; 9.03(e), 

Emission of Air Contaminant: Visual 

Standard; 9.09(c), Particulate Matter 

Emission Standards; 9.11, Emission of 

Air Contaminant: Detriment to Person 

or Property; 9.13, Emission of Air Contaminant: Concealment and Masking 

Restricted; 11.01, Ambient Air Quality 

Standards; 11.02, Ambient Air Monitoring; 12.02, Continuous Emission 

Monitoring Requirements; and 12.04, 

Recordkeeping and Report Requirements; Regulation II, Sections 2.04, 

Volatile Organic Compound Storage 

Tanks; and 3.07, Petroleum Solvent 

Dry Cleaning Systems; and Regulation 

III. 

(ii) Additional Material. 

(A) The following sections of Puget 

Sound Clean Air Agency Regulation I: 

Sections 3.01, Duties and Powers of the 

Control Officer, adopted September 9, 

1999; 3.05, Investigations by the Control 

Officer, adopted February 10, 1994; 3.07, 

Compliance Tests, adopted February 9, 

1995; 3.09, Violations—Notice, adopted 

August 8, 1991; 3.11, Civil Penalties, 

adopted September 26, 2002; 3.13, Criminal Penalties, adopted August 8, 1991; 

3.15, Additional Enforcement, adopted 

August 8, 1991; 3.17, Appeal of Orders, 

adopted October 8, 1998; 3.19, Confidential Information, adopted August 8, 

1991; and 3.21, Separability, adopted 

August 8, 1991. 

(85) On November 15, 2004, the Washington State Department of Ecology 

submitted a PM10 Limited Maintenance Plan and requested the redesignation of the Spokane County PM10 

Nonattainment area to attainment for 

PM10. The State’s Limited Maintenance Plan, attainment year emissions 

inventory, and the redesignation request meet the requirements of the 

Clean Air Act. EPA approves the 

State’s Limited Maintenance Plan and 

Moderate Area Plan requirements for 

the Spokane PM10 nonattainment area 

and request for redesignation to attainment. 

(i) Incorporation by reference. 

(A) Spokane County Air Pollution 

Control Authority (SCAPCA) orders 

#96–03 (modified October 4, 2000), #96–05 

(modified October 4, 2000) and #96–06 

(modified October 19, 2000) to regulate 

particulate matter emissions from the 

specific emission units of the Kaiser 

Aluminum and Chemical Corporation, 

Trentwood aluminum facility. 

(86) On November 30, 2004, the Washington Department of Ecology (Ecology) submitted a serious area plan for 

the Wallula serious nonattainment 

area for PM10. 

(i) Incorporation by reference. 

(A) The following terms and conditions limiting particulate matter emissions in the following permits or administrative orders: 

(1) Washington Department of Ecology Administrative Order No. 02AQER– 

5074 for IBP, Inc. (now known as Tyson 

Foods Inc.) dated December 6, 2002 except for the following: Finding number 

1087 

Environmental Protection Agency § 52.2471 

4 (‘‘T-BACT’’), found on page 5 of document and item 3.3 of Approval Condition number 3 (‘‘Emission Limits and 

Test Methods’’) found on page 7 of the 

document. 

(2) Washington State Department of 

Ecology Air Operating Permit for Boise 

White Paper, L.L.C. Permit No. 000369– 

7, dated December 1, 2004, the following 

condition only: 1.Q.1 (‘‘Particulate-fugitive dust’’) of item Q (‘‘Landfill/Compost Operation’’). 

(3) Washington State Department of 

Ecology Administrative Order for Boise 

Cascade Corporation, Wallula Mill, 

Order No. 1614–AQ04, dated August 19, 

2004 and effective September 15, 2004, 

the following condition only: No. 1 

(‘‘Approval Conditions’’) and Appendix 

A (‘‘Dust Control Plan’’ for Boise 

Paper—Wallula Mill, ‘‘Landfill and 

Composting Areas’’) dated February 18, 

2004. 

(4) Fugitive Dust Control Plan for 

Simplot Feeders Limited Partnership, 

dated December 1, 2003. 

(B) [Reserved] 

(ii) Additional Material. 

(A) Washington State Department of 

Ecology Columbia Plateau Windblown 

Dust Natural Events Action Plan, 

dated 2003. 

(B) Washington State Department of 

Ecology Fugitive Dust Control Guidelines for Beef Cattle Feedlots and Best 

Management Practices, dated December 13, 1995. 

(87) On September 20, 2001, and November 22, 2004, the Washington State 

Department of Ecology submitted revisions to the Washington State Implementation Plan consisting of A Plan 

for Attaining Carbon Monoxide National Ambient Air Quality Standards 

in the Spokane Serious Nonattainment 

Area. On September 26, 2001, the Washington State Department of Ecology 

submitted minor revisions to the Washington State Inspection and Maintenance Program. 

(i) Incorporation by reference. 

(A) Kaiser Aluminum and Chemical 

Corporation Administrative Order No. 

DE 01AQIS–3285 dated October 24, 2001, 

and Kaiser Aluminum and Chemical 

Corporation Administrative Order No. 

DE 01AQIS–3285, Amendment #1 dated 

April 9, 2003. 

(B) Washington Administrative Code 

173–422–031, ‘‘Vehicle emission inspection schedules,’’ and Washington Administrative Code 173–422–170, ‘‘Exemptions,’’ as effective 12/2/2000. 

(ii) Additional material. A Plan for 

Attaining Carbon Monoxide National 

Ambient Air Quality Standards in the 

Spokane Serious Nonattainment Area, 

adopted September 19, 2001, and November 17, 2004. 

(88) On March 1, 2004, the Washington 

State Department of Ecology submitted amendments to WAC Ch. 173– 

434, Solid Waste Incinerator Facilities, 

as revisions to the Washington State 

implementation plan. 

(i) Incorporation by reference. 

(A) The following new and revised 

sections of WAC Ch. 173–434, Solid 

Waste Incinerator Facilities: WAC 173– 

434–020, Applicability and Compliance; 

–030, Definitions; –110, Standards of 

Performance [except (1)(a)]; –130, Emission Standards [except (2)]; –160, Design 

and Operation; –170, Monitoring and 

Reporting; –190, Changes in Operation; 

and –200, Emission Inventory, State effective January 22, 2004. 

(B) Remove the following provisions 

from the current incorporation by reference: WAC 173–434–050, New Source 

Review (NSR);–070, Prevention of Significant Deterioration (PSD); and –100, 

Requirement of BACT, State effective 

October 18, 1990. 

[37 FR 10900, May 31, 1972] 

EDITORIAL NOTE: For FEDERAL REGISTER citations affecting §52.2470, see the List of CFR 

Sections Affected, which appears in the 

Finding Aids section of the printed volume 

and at www.fdsys.gov. 

§ 52.2471 Classification of regions. 

The Washington plan was evaluated on the basis of the following classifications: 

1088 

§ 52.2472 40 CFR Ch. I (7–1–11 Edition) 

Air quality control region 

Pollutant 

Particulate matter 

Sulfur 

oxides 

Nitrogen 

dioxide 

Carbon 

monoxide Ozone 

Eastern Washington-Northern Idaho Interstate ........................................ I IA III I III 

Northern Washington Intrastate ................................................................ II III III III III 

Olympic-Northwest Washington Intrastate ................................................ II II III III III 

Portland Interstate ..................................................................................... I IA III I I 

Puget Sound Intrastate ............................................................................. I IA III I I 

South Central Washington Intrastate ........................................................ I III III III III 

[37 FR 10900, May 31, 1972, as amended at 39 FR 16347, May 8, 1974; 45 FR 37836, June 5, 1980] 

§ 52.2472 Extensions. 

The Administrator, by authority delegated under section 188(d) of the Clean 

Air Act, as amended in 1990, extends for 

one year (until December 31, 1995) the 

attainment date for the Spokane, 

Washington, PM–10 nonattainment 

area and the Wallula, Washington, PM– 

10 nonattainment area. 

[60 FR 47280, Sept. 12, 1995] 

§ 52.2473 Approval status. 

With the exceptions set forth in this 

subpart, the Administrator approves 

Washington’s plan for the attainment 

and maintenance of National Standards under section 110 of the Clean Air 

Act. The regulations included in the 

SIP (See Table 52.2479) are applicable 

statewide unless otherwise noted in the 

regulation itself. Furthermore, the Administrator finds that the plan as identified in §52.2470 satisfies requirements 

of Part D, Title 1, of the Clean Air act 

as amended in 1977, except as noted in 

the following sections. Continued satisfaction of the requirements of Part D 

for the ozone portion of the SIP depends on the adoption and submittal of 

RACT requirements by July 1, 1980 for 

the sources covered by CTGs issued between January 1978 and January 1979 

and adoption and submittal by each 

subsequent January of additional 

RACT requirements for sources covered 

by CTGs issued by the previous January. New source review permits pursuant to section 173 of CAA will not be 

deemed valid by EPA unless the provisions of Section V of the emission offset interpretive rule published on January 16, 1979 (44 FR 3274) are met. 

[45 FR 37836, June 5, 1980, as amended at 46 

FR 45609, Sept. 14, 1981; 47 FR 7840, Feb. 23, 

1982] 

§ 52.2474 General requirements. 

(a) Regulation for public availability of 

emission data. (1) Any person who cannot obtain emission data from the 

Agency responsible for making emission data available to the public, as 

specified in the applicable plan, concerning emissions from any source subject to emission limitations which are 

part of the approved plan may request 

that the appropriate Regional Administrator obtain and make public such 

data. Within 30 days after receipt of 

any such written request, the Regional 

Administrator shall require the owner 

or operator of any such source to submit information within 30 days on the 

nature and amounts of emissions from 

such source and any other information 

as may be deemed necessary by the Regional Administrator to determine 

whether such source is in compliance 

with applicable emission limitations or 

other control measures that are part of 

the applicable plan. 

(2) Commencing after the initial notification by the Regional Administrator pursuant to paragraph (b)(1) of 

this section, the owner or operator of 

the source shall maintain records of 

the nature and amounts of emissions 

from such source and any other information as may be deemed necessary by 

the Regional Administrator to determine whether such source is in compliance with applicable emission limitations or other control measures that 

are part of the plan. The information 

recorded shall be summarized and reported to the Regional Administrator, 

on forms furnished by the Regional Administrator, and shall be submitted 

within 45 days after the end of the reporting period. Reporting periods are 

1089 

Environmental Protection Agency § 52.2475 

January 1–June 30 and July 1–December 31. 

(3) Information recorded by the 

owner or operator and copies of this 

summarizing report submitted to the 

Regional Administrator shall be retained by the owner or operator for 2 

years after the date on which the pertinent report is submitted. 

(4) Emission data obtained from owners or operators of stationary sources 

will be correlated with applicable emission limitations and other control 

measures that are part of the applicable plan and will be available at the appropriate regional office and at other 

locations in the state designated by the 

Regional Administrator. 

[40 FR 55334, Nov. 28, 1975] 

§ 52.2475 Approval of plans. 

(a) Carbon Monoxide. 

(1) Yakima. 

(i) EPA approves as a revision to the 

Washington State Implementation 

Plan, the Yakima Carbon Monoxide 

maintenance plan submitted by the 

State on August 31, 2001. 

(ii) [Reserved] 

(2) Spokane. 

(i) EPA approves as a revision to the 

Washington State Implementation 

Plan, A Plan for Attaining Carbon 

Monoxide National Ambient Air Quality Standards in the Spokane Serious 

Nonattainment Area submitted by the 

Washington Department of Ecology on 

September 20, 2001 and November 22, 

2004. 

(ii) EPA approves as a revision to the 

Washington State Implementation 

Plan, the Spokane Carbon Monoxide 

Maintenance Plan, adopted April 27, 

2004 effective June 24, 2004, submitted 

by the Washington Department of 

Ecology on November 29, 2004. 

(3) Central Puget Sound. 

(i) EPA approves as a revision to the 

Washington State Implementation 

Plan, the Central Puget Sound Carbon 

Monoxide and Ozone Second 10-Year 

Maintenance Plans submitted by the 

State on December 17, 2003. 

(ii) [Reserved] 

(4) Vancouver. 

(i) EPA approves as a revision to the 

Washington State Implementation 

Plan, the Vancouver Air Quality Maintenance Area Second 10-year Carbon 

Monoxide Maintenance Plan submitted 

by the Washington Department of 

Ecology on April 25, 2007. 

(ii) [Reserved] 

(b) Lead. [Reserved] 

(c) Nitrogen Dioxide. [Reserved] 

(d) Ozone. [Reserved] 

(e) Particulate Matter. 

(1) Yakima. 

(i) EPA approves as a revision to the 

Washington State Implementation 

Plan, the Yakima County PM–10 Nonattainment Area Limited Maintenance 

Plan adopted by the Yakima Regional 

Clean Air Authority on June 9, 2004, 

and adopted and submitted by the 

Washington Department of Ecology on 

July 8, 2004. 

(ii) [Reserved] 

(2) Wallula. 

(i) EPA approves as a revision to the 

Washington State Implementation 

Plan, the Wallula Serious Area Plan 

for PM10 adopted by the State on November 17, 2004 and submitted to EPA 

on November 30, 2004. 

(ii) EPA approves, as a revision to 

the Washington State Implementation 

Plan, the Wallula PM10 maintenance 

plan, adopted by the Washington Department of Ecology on March 29, 2005 

and submitted to EPA. 

(3) Spokane. 

(i) EPA approves as a revision to the 

Washington State Implementation 

Plan, the Spokane County PM10 Nonattainment Area Limited Maintenance 

Plan adopted by the Spokane Regional 

Clean Air Authority on November 17, 

2004, and adopted and submitted by the 

Washington Department of Ecology on 

November 30, 2004. 

(f) Sulfur dioxide. [Reserved] 

(g) Visibility. (1) EPA approves as a 

revision to the Washington State Implementation Plan, the November 5, 

1999, Visibility SIP revision, except 

that EPA is taking no action on Section VIII. Identification and Analysis 

for Best Available Retrofit Technology 

(BART), and Section X, New Source 

Review of the November 5, 1999, Visibility SIP revision. 

1090 

§ 52.2476 40 CFR Ch. I (7–1–11 Edition) 

(2) [Reserved] 

[67 FR 66560, Nov. 1, 2002, as amended at 68 

FR 34825, June 11, 2003; 69 FR 47366, Aug. 5, 

2004; 70 FR 6592, Feb. 8, 2005; 70 FR 22599, May 

2, 2005; 70 FR 24992, May 12, 2005; 70 FR 37272, 

June 29, 2005; 70 FR 38038, July 1, 2005; 70 FR 

39927, July 12, 2005; 70 FR 50213, Aug. 26, 2005; 

73 FR 36443, June 27, 2008] 

§ 52.2476 Discretionary authority. 

(a) This section applies to any variance, exception, exemption, alternative 

emission limitation, bubble, alternative sampling or testing method, 

compliance schedule revision, alternative compliance schedule, or any 

other substantial change to a provision 

of the state implementation plan, 

granted by the Department of Ecology, 

the Department of Natural Resources, 

the Energy Facility Site Evaluation 

Council, or a local air pollution control 

agency in accordance with any discretionary authority granted under its 

statutes or regulations, regardless of 

whether such statutes or regulations 

are part of the state implementation 

plan. 

(b) Any change to a provision of the 

state implementation plan described in 

paragraph (a) of this section must be 

submitted by the state for approval by 

EPA in accordance with the requirements of 40 CFR 51.104. 

(c) Any change to a provision of the 

state implementation plan described in 

paragraph (a) of this section does not 

modify the requirements of the federally-approved state implementation 

plan or a federally-promulgated implementation plan until approved by EPA 

as a revision to the state implementation plan in accordance with section 

110 of the Clean Air Act. 

[56 FR 24136, May 29, 1991] 

§§ 52.2477–52.2478 [Reserved] 

§ 52.2479 Contents of the federally approved, State submitted implementation plan. 

The following sections of the state 

and local regulations and documents 

for the Washington State Implementation Plan for Air Quality, for compliance with requirements of the Federal 

Clean Air Act, have been approved by 

the U.S. Environmental Protection 

Agency (EPA), and are part of the current federally-approved, implementation plan. 

WASHINGTON STATE IMPLEMENTATION PLAN FOR AIR QUALITY STATE AND LOCAL REQUIREMENTS

TABLE OF CONTENTS

Section 1—General [Dates in brackets indicate EPA approval date] 

1.2 Energy Facilities Site Evaluation Council (EFSEC) Memorandum of Agreement [02/23/82] 

1.3 Air Quality Monitoring, Data Reporting and Surveillance Provisions [04/15/81] 

1.4 Maintenance of Pay Provision [08/14/81] 

Section 2—State Regulations and Statutes [Dates in brackets indicate date state adopted] 

2.2 Department of Ecology Regulations 

2.2.400 WAC 173–400 General Regulation for Air Pollution Sources 

173–400–010 Policy and purpose [08/20/93] 

173–400–020 Applicability [08/20/93] 

173–400–030 Definitions [08/20/93] 

173–400–040 General standards for maximum emissions [08/20/93, except for sections 

(1)(c), (1)(d), (2), (4), and the second paragraph of (6)] 

173–400–050 Emission standards for combustion and incineration units [08/20/93 except for the exception provision in section (3)] 

173–400–060 Emission standards for general process units [08/20/93] 

173–400–070 Emission standards for certain source categories [08/20/93, except for 

section (7)] 

173–400–081 Startup and shutdown [08/20/93] 

173–400–091 Voluntary limits on emissions [08/20/93] 

173–400–100 Registration [08/20/93] 

173–400–105 Records, monitoring, and reporting [08/20/93] 

173–400–107 Excess Emissions [08/20/93] 

173–400–110 New source review (NSR) [08/20/93] 

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TABLE OF CONTENTS—Continued 

173–400–112 Requirements for new souces in nonattainment areas [08/20/93, except 

for section (8)] 

173–400–113 Requirements for new sources in attainment or unclassifiable areas [08/ 

20/93, except for section (5)] 

173–400–151 Retrofit requirements for visibility protection [08/20/93] 

173–400–161 Compliance schedules [08/20/93] 

173–400–171 Public involvement [08/20/93] 

173–400–190 Requirements for nonattainment areas [08/20/93] 

173–400–200 Creditable stack height and dispersion techniques [08/20/93] 

173–400–205 Adjustment for atmospheric conditions [08/20/93] 

173–400–210 Emission requirements of prior jurisdictions [08/20/93] 

173–400–220 Requirements for board members [08/20/93] 

173–400–230 Regulatory actions [08/20/93] 

173–400–240 Criminal penalties [08/20/93] 

173–400–250 Appeals [08/20/93] 

173–400–260 Conflict of interest [08/20/93] 

2.2.402 WAC 173–402 Civil Sanctions under Washington Clean Air Act 

173–402–010 Prior regulations [06/24/80] 

173–402–020 Subsequent regulations [06/24/80] 

2.2.405 WAC 173–405 Kraft Pulp Mills 

173–405–012 Statement of purpose [02/19/91] 

173–405–021 Definitions [02/19/91] 

173–405–040 Emission standards [02/19/91 except for sections (1)(b), (1)(c), (3)(b), 

(3)(c), (4), (7), (8), and (9)] 

173–405–045 Creditable stack height and dispersion techniques [02/19/91] 

173–405–061 More restrictive emission standards [02/19/91] 

173–405–072 Monitoring requirements [02/19/91 except section (2)] 

173–405–077 Report of startup, shutdown, breakdown or upset conditions [02/19/91] 

173–405–078 Emission inventory [02/19/91] 

173–405–086 New source review (NSR) [02/19/91] 

173–405–087 Prevention of significant deterioration (PSD) [02/19/91] 

173–405–091 Special studies [02/19/91] 

2.2.410 WAC 173–410 Sulfite Pulping Mills 

173–410–012 Statement of purpose [02/19/91] 

173–410–021 Definitions [02/19/91] 

173–410–040 Emission standards [02/19/91 except sections (3) and (5)] 

173–410–045 Creditable stack height and dispersion techniques [02/19/91] 

173–410–062 Monitoring requirements [02/19/91] 

173–410–067 Report of startup, shutdown, breakdown or upset conditions [02/19/91] 

173–410–071 Emission inventory [02/19/91] 

173–410–086 New source review (NSR) [02/19/91] 

173–410–087 Prevention of significant deterioration (PSD) [02/19/91] 

173–410–100 Special studies [02/19/91] 

2.2.415 WAC 173–415 Primary Aluminum Plants 

173–415–010 Statement of purpose [02/19/91] 

173–415–020 Definitions [02/19/91 except sections (1) and (2)] 

173–415–030 Emission standards [02/19/91 except sections (1) and (3)(b)] 

173–415–045 Creditable stack height and dispersion techniques [02/19/91] 

173–415–050 New source review (NSR) [02/19/91] 

173–415–051 Prevention of significant deterioration (PSD) [02/19/91] 

173–415–060 Monitoring and reporting [02/19/91 except sections (1)(a)(b)(d)] 

173–415–070 Report of startup, shutdown, breakdown or upset conditions [02/19/91] 

173–415–080 Emission inventory [02/19/91] 

2.2.422 WAC 173–422 Motor Vehicle Emission Inspection 

173–422–010 Purpose [02/28/80] 

173–422–020 Definitions [02/28/80] 

173–422–030 Vehicle emission inspection requirement [02/28/80] 

173–422–040 Noncompliance areas [12/31/81] 

173–422–050 Emission contributing areas [12/31/81] 

173–422–060 Gasoline vehicle emission standards [12/31/81] 

173–422–070 Gasoline vehicle inspection procedures [12/31/81] 

173–422–090 Exhaust gas analyzer specifications [12/31/81] 

173–422–100 Testing equipment maintenance and calibration [12/31/81] 

1092 

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WASHINGTON STATE IMPLEMENTATION PLAN FOR AIR QUALITY STATE AND LOCAL REQUIREMENTS

TABLE OF CONTENTS—Continued 

173–422–110 Data system requirements [12/31/81] 

173–422–120 Quality assurance [02/28/80] 

173–422–130 Inspection fees [12/31/81] 

173–422–140 Inspection forms and certificates [12/31/81] 

173–422–160 Fleet and diesel owner vehicle testing requirements [12/31/81] 

173–422–170 Exemptions [12/31/81] 

173–422–180 Air quality standards [12/31/81] 

2.2.425 WAC 173–425 Open Burning 

173–425–010 Purpose [09/17/90] 

173–425–020 Applicability [09/17/90] 

173–425–030 Definitions [09/17/90] 

173–425–036 Curtailment during episodes of impaired air quality [09/17/90] 

173–425–045 Prohibited materials [01/03/89] 

173–425–055 Exceptions [09/17/90] 

173–425–065 Residential open burning [09/17/90] 

173–425–075 Commercial open burning [09/17/90] 

173–425–085 Agricultural open burning [09/17/90] 

173–425–095 No burn area designation [09/17/90] 

173–425–100 Delegation of agricultural open burning program [09/17/90] 

173–425–115 Land clearing projects [09/17/90] 

173–425–120 Department of Natural Resources Smoke Management Plan [09/17/90] 

173–425–130 Notice of violation [09/17/90] 

173–425–140 Remedies [09/17/90] 

2.2.430 WAC 173–430 Burning of Field and Forage and Turf Grasses Grown for Seed 

173–430–010 Purpose [09/17/90] 

173–430–020 Definitions [09/17/90] 

173–430–030 Permits, conditions, and restrictions [09/17/90] 

173–430–040 Mobile field burners [09/17/90] 

173–430–050 Other approvals [09/17/90] 

173–430–060 Study of alternatives [09/17/90] 

173–430–070 Fees [09/17/90] 

173–430–080 Certification of alternatives [09/17/90] 

2.2.433 WAC 173–433 Solid Fuel Burning Device Standards 

173–433–010 Purpose [12/16/87] 

173–433–020 Applicability [12/16/87] 

173–433–030 Definitions [09/17/90] 

173–433–100 Emission performance standards [09/17/90] 

173–433–110 Opacity standards [09/17/90] 

173–433–120 Prohibited fuel types [09/17/90] 

173–433–130 General emission standards [09/17/90] 

173–433–150 Curtailment [09/17/90] 

173–433–170 Retail sales fees [01/03/89] 

173–433–200 Regulatory actions and penalties [09/17/90] 

2.2.434 

WAC 

173–434 

Solid Waste Incinerator Facilities 

173–434–010 Purpose [10/18/90] 

173–434–020 Applicability and Compliance [1/22/04] 

173–434–030 Definitions [1/22/04] 

173–434–090 Operation and Maintenance Plan [10/18/90] 

173–434–110 Standards of Performance, except (1)(a) [1/22/04] 

173–434–130 Emission Standards, except (2) [1/22/04] 

173–434–160 Design and Operation [1/22/04] 

173–434–170 Monitoring and Reporting [1/22/04] 

173–434–190 Changes in Operation [1/22/04] 

173–434–200 Emission Inventory [1/22/04] 

173–434–210 Special Studies [10/18/90] 

2.2.435 WAC 173–435 Emergency Episode Plan 

173–435–010 Purpose [01/03/89] 

173–435–015 Significant harm levels [01/03/89] 

173–435–020 Definitions [01/03/89] 

173–435–030 Episode stage criteria [01/03/89] 

173–435–040 Source emission reduction plans [01/03/89] 

1093 

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TABLE OF CONTENTS—Continued 

173–435–050 Action procedures [01/03/89] 

173–435–060 Enforcement [01/03/89] 

173–435–070 Sampling sites, equipment, and methods [01/03/89 except section (1)] 

2.2.440 WAC 173–440 Sensitive Areas 

173–440–010 Purpose [09/17/90] 

173–440–020 Applicability [09/16/87] 

173–440–030 Definitions [09/17/90] 

173–440–040 Sensitive areas designated [09/16/87] 

173–440–100 Standards [09/17/90] 

173–440–900 Appendix A—Map [09/16/87] 

2.2.470 WAC 173–470 Ambient Air Quality Standards for Particulate Matter 

173–470–010 Purpose [09/16/87] 

173–470–020 Applicability [09/16/87] 

173–470–030 Definitions [01/03/89] 

173–470–100 Ambient air quality standards [01/03/89] 

173–470–160 Reporting of data [09/16/87] 

2.2.490 WAC 173–490 Emission Standards and Controls for Sources Emitting Volatile Organic 

Compounds 

173–490–010 Policy and purpose [02/19/91] 

173–490–020 Definitions [02/19/91] 

173–490–025 General applicability [02/19/91] 

173–490–030 Registration and reporting [02/19/91] 

173–490–040 Requirements [02/19/91] 

173–490–080 Exceptions and alternative methods [02/19/91] 

173–490–090 New source review (NSR) [02/19/91] 

173–490–200 Petroleum refinery equipment leaks [02/19/91] 

173–490–201 Petroleum liquid storage in external floating roof tanks [02/19/91] 

173–490–202 Leaks from gasoline transport tanks and vapor collection systems [02/19/ 

91] 

173–490–203 Perchloroethylene dry cleaning systems [02/19/91] 

173–490–204 Graphic arts systems [02/19/91] 

173–490–205 Surface coating of miscellaneous metal parts and products [02/19/91] 

173–490–207 Surface coating of flatwood paneling [02/19/91] 

173–490–208 Aerospace assembly and component coating operations [02/19/91] 

2.2.490 WAC 173–492 Motor Fuel Specifications for Oxygenated Gasoline 

173–492–010 Policy and purpose [10/07/92] 

173–492–020 Applicability [10/07/92] 

173–492–030 Definitions [10/07/92] 

173–492–060 Labeling requirements [10/07/92] 

173–492–070 Control areas and control periods [10/07/92] 

2.3.EFSEC Energy Facilities Site Evaluation Council Regulation (EFSEC) 

2.3.463–39 WAC 463–39 General Regulations for Air Pollution Sources 

463–39–010 Purpose [07/23/79] 

463–39–020 Applicability [07/23/79] 

463–39–030 Additional definitions [07/23/79 except sections (4), (7), (10), (24), (25), 

(30), (35), and (36)] 

463–39–040 General standards for maximum permissible emissions [07/23/79 except 

introductory paragraph] 

463–39–050 Minimum emission standards for combustion and incineration sources 

[07/23/79] 

463–39–060 Minimum emission standards for general process sources [07/23/79] 

463–39–080 Compliance schedules [07/23/79] 

463–39–100 Registration [07/23/79] 

463–39–110 New source review (NSR) [07/23/79 except sections (1), the first two sentences of (3)(b), (3)(c), (d), and (e)] 

463–39–120 Monitoring and special report [07/23/79] 

463–39–130 Regulatory actions [07/23/79] 

463–39–135 Criminal penalties [07/23/79] 

463–39–150 Variance [07/23/79] 

463–39–170 Conflict of interest [07/23/79] 

1094 

§ 52.2479 40 CFR Ch. I (7–1–11 Edition) 

WASHINGTON STATE IMPLEMENTATION PLAN FOR AIR QUALITY STATE AND LOCAL REQUIREMENTS

TABLE OF CONTENTS—Continued 

Section 3—Local Air Authority Regulations [Dates in brackets indicate local air authority adoption 

date] 

3.NW Northwest Air Pollution Authority (NWAPA) 

100 Name of Authority [02/10/93] 

101 Short Title [02/10/93] 

102 Policy [02/10/93] 

103 Duties and Powers [04/14/93] 

104 Adoption of State and Federal Laws and Rules [10/13/94] 

105 Separability [01/08/69] 

106 Public Records [01/08/69] 

110 Investigation and Studies [01/08/69] 

111 Interference or Obstruction [02/14/73] 

112 False and Misleading Oral Statements [02/14/73] 

113 Service of Notice [02/14/73] 

114 Confidential Information [04/14/93] 

120 Hearings [04/14/93] 

121 Orders [11/15/88] 

122 Appeals from Orders or Violations [11/15/88] 

123 Status of Orders on Appeal [11/15/88] 

124 Display of Orders [02/14/73] 

130 Citations—Notices [02/14/73] 

131 Violations—Notices [04/14/93] 

132 Criminal Penalty [10/13/94] 

133 Civil Penalty [10/13/94] 

134 Restraining Orders—Injunction [02/10/93] 

135 Additional Enforcement—Compliance schedules [04/14/93] 

140 Reporting By Government Agencies [04/14/93] 

145 Motor Vehicle Owner Responsibility [02/14/73] 

150 Pollutant Disclosure—Reporting by Air Contaminant Sources [09/08/93] 

200 Definitions [10/13/94] 

Control Procedures 

300 Notice of Construction When Required [10/13/94] 

301 Information Required for Notice of Construction [10/13/94] 

302 Issuance of Approval or Order [10/13/94] 

303 Notice of Completion—Notice of Violation [08/09/78] 

310 Approval to Operate Required [04/14/93] 

320 Registration Required [04/14/93] 

321 General Requirements for Registration [04/14/93] 

322 Exemptions from Registration [10/13/94] 

323 Classes of Registration [4/14/93] 

324 Fees [10/13/94, except section .121] 

325 Transfer [04/14/93] 

340 Report of Breakdown and Upset [10/13/94] 

341 Schedule Report of Shutdown or Start-up [09/08/93] 

342 Operation and Maintenance [09/08/93] 

360 Testing and Sampling [02/14/73] 

365 Monitoring [02/08/89] 

366 Instrument Calibration [09/08/93] 

Standards 

400 Ambient Air Standards—Forward [04/14/93] 

401 Suspended Particulate Standards (PM–10) [04/14/93] 

410 Sulfur Oxide Standards [04/14/93] 

420 Carbon Monoxide Standards [04/14/93] 

422 Nitrogen Oxide Standards [4/14/93] 

424 Ozone Standards [04/14/93] 

450 Emission Standards—Forward [04/14/93] 

451 Emission of Air Contaminant—Visual Standards [10/13/94] 

452 Motor Vehicle Visual Standard [04/14/93, except section .5] 

455 Emission of Particulate Matter [04/14/93] 

458 Incinerators—Wood Waste Burners [08/08/78] 

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TABLE OF CONTENTS—Continued 

460 Sulfur Compounds—Heat/Weight Rate Standard [04/14/93] 

462 Sulfur Compounds—Emission Standard [04/14/93] 

466 Portland Cement Plants [04/14/93] 

Regulated Activities and Prohibitions 

510 Incinerator Burning [04/14/93] 

520 Sulfur Compounds in Fuel [04/14/93] 

550 Particulate Matter from Becoming Airborne [01/08/69] 

560 Storage of Organic Liquids [04/14/93] 

580 Volatile Organic Compound Control (VOC) [10/13/94] 

3.PS Puget Sound Air Pollution Control Agency (PSAPCA) 

3.PS.1 Regulation I 

Article 1—Policy, short title, and definitions 

Section 1.01 Policy [9/9/99] 

Section 1.03 Name of Agency [9/9/99] 

Section 1.05 Short Title [9/9/99] 

Section 1.07 Definitions [4/14/94] 

Article 3—General Provisions 

Section 3.04 Reasonably Available Control Technology, except (e) [3/11/99] 

Section 3.06 Credible Evidence [10/8/98] 

Article 5—Registration 

Section 5.02 Applicability and Purpose of the Registration Program [9/12/96] 

Section 5.03 Registration Required, except (a)(5) [7/8/99] 

Section 5.05 General Reporting Requirements for Registration [9/10/98] 

Article 6—New Source Review 

Section 6.03 Notice of Construction [9/12/96] 

Section 6.04 Notice of Construction Review Fees [9/11/97] 

Section 6.06 Public Notice [4/14/94] 

Section 6.07 Order of Approval—Order to Prevent Construction [4/14/94] 

Section 6.08 Emission Reduction Credit Banking [11/19/92] 

Section 6.09 Notice of Completion [4/14/94] 

Section 6.10 Work Done without an Approval [9/11/97] 

Article 7—Operating Permits 

Section 7.09 General Reporting Requirements for Operating Permits [9/10/98] 

Article 8—Outdoor Fires 

Section 8.04 General Conditions for Outdoor Burning [11/9/00] 

Section 8.05 Agricultural Burning [11/9/00] 

Section 8.06 Outdoor Burning Ozone Contingency Measure [12/19/02] 

Section 8.09 Description of King County No-Burn Area [11/9/00] 

Section 8.10 Description of Pierce County No-Burn Area [11/9/00] 

Section 8.11 Description of Snohomish County No-Burn Area [11/9/00] 

Section 8.12 Description of Kitsap County No-Burn Area [10/24/02] 

Article 9—Emission Standards 

Section 9.03 Emission of Air Contaminant: Visual Standard, except (e) [3/11/99] 

Section 9.04 Opacity Standards for Equipment With Continuous Opacity Monitoring 

Systems, except (d)(2) and (f) [4/9/98] 

Section 9.05 Refuse Burning [12/9/93] 

Section 9.07 Sulfur Dioxide Emission Standard [4/14/94] 

Section 9.08 Fuel Oil Standards [4/14/94] 

Section 9.09 Particulate Matter Emission Standards [4/9/98] 

Section 9.15 Fugitive Dust Control Measures [3/11/99] 

Section 9.16 Spray-Coating Operations [7/12/01] 

Section 9.20 Maintenance of Equipment [6/9/88] 

Article 12—Standards of Performance for Continuous Emission Monitoring Systems 

Section 12.01 Applicability [4/9/98] 

Section 12.03 Continuous Emission Monitoring System, except (b)(2) [4/9/98] 

Article 13—Solid Fuel Burning Device Standards 

Section 13.01 Policy and Purpose [9/9/99] 

1096 

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TABLE OF CONTENTS—Continued 

Section 13.02 Definitions [10/8/98] 

Section 13.03 Opacity Standards [10/11/90] 

Section 13.04 Prohibited Fuel Types [9/26/91] 

Section 13.05 Curtailment [9/26/91] 

Section 13.07 Contingency [12/8/94] 

3.PS.2—Regulation II 

Article 1—Purpose, Policy, Short Title, and Definitions 

Section 1.01 Purpose [9/9/99] 

Section 1.02 Policy [9/9/99] 

Section 1.03 Short Title [9/9/99] 

Section 1.04 General Definitions [12/11/80] 

Section 1.05 Special Definitions [9/9/99] 

Article 2—Gasoline Marketing Emission Standards 

Section 2.01 Definitions [7/8/99] 

Section 2.03 Petroleum Refineries [6/13/91] 

Section 2.05 Gasoline Loading Terminals [12/9/93] 

Section 2.06 Bulk Gasoline Plants [6/13/91] 

Section 2.07 Gasoline Stations [12/9/99] 

Section 2.08 Gasoline Transport Tanks [7/8/99] 

Section 2.09 Oxygenated Gasoline Carbon Monoxide Contingency Measure and Fee 

Schedule [12/19/02] 

Section 2.10 Gasoline Station Ozone Contingency Measure [12/19/02] 

Article 3—Miscellaneous Volatile Organic Compound Emission Standards 

Section 3.01 Cutback Asphalt Paving [6/13/91] 

Section 3.02 Volatile Organic Compound Storage Tanks [7/8/99] 

Section 3.03 Can and Paper Coating Operations [2/10/94] 

Section 3.04 Motor Vehicle and Mobile Equipment Coating Operations [12/9/93] 

Section 3.05 Graphic Arts Systems [12/9/93] 

Section 3.08 Polyester, Vinylester, Gelcoat, and Resin Operations [12/9/93] 

Section 3.09 Aerospace Component Coating Operations [12/9/93] 

Section 3.11 Coatings and Ink Manufacturing [4/11/96] 

Section 4—Regional Air Quality Plans [Dates in brackets indicate EPA approval date] 

4.1 Olympic-Northwest Washington Intrastate 

4.1.2 Attainment Plans 

4.1.2.PM Particulate Matter (PM10) 

4.1.2.PM.1 Thurston County PM10 [07/27/93] 

4.1.2.TSP Total Suspended Particulates (TSP) 

4.1.2.TSP.1 Longview TSP [06/05/80] 

4.2 Puget Sound Intrastate 

4.2.2 Attainment Plans 

4.2.2.CO Carbon Monoxide (CO) 

4.2.2.CO.1 Seattle CO [02/28/83] 

4.2.2.CO.2 Tacoma CO [07/16/84] 

4.2.2.CO.3 Puget Sound CO section 5.2 [01/22/93] 

4.2.2.OZ Ozone (O3) 

4.2.2.OZ.1 Seattle-Tacoma O3 [02/28/83] 

4.2.2.PM Particulate Matter (PM10) 

4.2.2.PM.1 Kent PM10 [07/27/93] 

4.2.2.PM.2 Seattle PM10 [conditional approval 08/22/94] 

4.2.2.PM.3 Tacoma PM10 [conditional approval 12/12/94] 

4.2.3 Lead Implementation Plan [04/01/85] 

4.3 Southwest Washington Interstate 

4.3.2 Attainment Plans 

4.3.2.CO Carbon Monoxide (CO) 

4.3.2.CO.1 Vancouver CO [12/30/94] 

4.3.2.OZ Ozone (O3) 

4.3.2.OZ.1 Vancouver O3 [11/14/94] 

4.3.2.TSP Total Suspended Particulates (TSP) 

4.3.2.TSP.1 Vancouver TSP [09/14/81] 

4.5 Eastern Washington Interstate 

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TABLE OF CONTENTS—Continued 

4.5.2 Attainment Plans 

4.5.2.CO Carbon Monoxide (CO) 

4.5.2.CO.1 Spokane CO [03/22/82] 

4.5.2.CO.1a Spokane CO section 5.2 [01/22/93] 

4.5.2.TSP Total Suspended Particulates (TSP) 

4.5.2.TSP.1 Spokane TSP [09/14/81] 

4.6 South Central Washington Intrastate 

4.6.2 Attainment Plans 

4.6.2.CO Carbon Monoxide (CO) 

4.6.2.CO.1 Yakima CO [09/14/81] 

Section 5—Federally Mandated Programs [Dates in brackets indicate EPA approval date] 

5.BAP—Business Assistance Program [5/8/95] 

5.IM—Motor Vehicle Inspection/Maintenance Program [9/25/96] 

5.OXY—Oxygenated Gasoline Program [3/21/94] 

5.SMP—Smoke Management Program [7/6/87] 

5.VIS—Washington State Visibility Protection Program [7/6/87] 

5.VIS.NSR—Visibility New Source Review (NSR) for nonattainment areas for Washington [7/28/86] 

Supplemental Section A—Reference Material [Date in brackets indicate EPA effective date] 

A.1—Description of Source test Program for the State Implementation Plan [10/24/84] 

Supplemental B—Administrative and Procedural Material [Dates in brackets indicate EPA effective 

date] 

B.3—Correspondence 

B.3.1—Legal Authority [6/05/80] 

B.3.2—Correspondence prior to 1991 

B.3.2.1—New Source Performance Standards (NSPS) for Tri-Counties [9/23/81] 

[60 FR 33735, June 29, 1995, as amended at 62 FR 68188, Dec. 31, 1997; 68 FR 34825, June 11, 2003; 

69 FR 53010, Aug. 31, 2004; 70 FR 44857, Aug. 4, 2005] 

§§ 52.2480–52.2494 [Reserved] 

§ 52.2495 Voluntary limits on potential 

to emit 

Terms and conditions of regulatory 

orders issued pursuant to WAC 173–400– 

091 ‘‘Voluntary limits on emissions’’ 

and in accordance with the provisions 

of WAC 173–400–091, WAC 173–400–105 

‘‘Records, monitoring, and reporting,’’ 

and WAC 173–400–171 ‘‘Public involvement,’’ shall be applicable requirements of the federally-approved Washington SIP and Section 112(l) program 

for the purposes of section 113 of the 

Clean Air Act and shall be enforceable 

by EPA and by any person in the same 

manner as other requirements of the 

SIP and Section 112(l) program. Regulatory orders issued pursuant to WAC 

173–400–091 are part of the Washington 

SIP and shall be submitted to EPA Region 10 in accordance with the requirements of §§51.104(e) and 51.326. 

[60 FR 28728, June 2, 1995] 

§ 52.2496 [Reserved] 

§ 52.2497 Significant deterioration of 

air quality. 

(a) The requirements of sections 160 

through 165 of the Clean Air Act are 

not met, since the plan does not include approvable procedures for preventing the significant deterioration of 

air quality. 

(b) Regulations for preventing significant deterioration of air quality. 

The provisions of §52.21 except paragraph (a)(1) are hereby incorporated 

and made a part of the applicable State 

plan for the State of Washington. 

(c) In accordance with section 164 of 

the Clean Air Act and the provisions of 

40 CFR 52.21(g), the Spokane Indian 

1098 

§ 52.2498 40 CFR Ch. I (7–1–11 Edition) 

Reservation is designated as a Class I 

area for the purposes of preventing significant deterioration of air quality. 

[43 FR 26410, June 19, 1978, as amended at 45 

FR 52741, Aug. 7, 1980; 56 FR 14862, Apr. 12, 

1991; 68 FR 11324, Mar. 10, 2003; 68 FR 74490, 

Dec. 24, 2003] 

§ 52.2498 Visibility protection. 

(a) The requirements of section 169A 

of the Clean Air Act are not met, because the plan does not include approvable procedures for protection of visibility in mandatory Class I Federal 

areas. 

(b) Regulations for visibility new 

source review. The provisions of §52.28 

are hereby incorporated and made a 

part of the applicable plan for the 

State of Washington. 

[51 FR 23228, June 26, 1986] 

§ 52.2499 Interstate Transport for the 

1997 8-hour ozone and PM2.5

NAAQS. 

On January 17, 2007, the Washington 

State Department of Ecology submitted a SIP revision to meet the requirements of Clean Air Act section 

110(a)(2)(D)(i). EPA is approving this 

submittal. 

[74 FR 1593, Jan. 13, 2009] 

Subpart XX—West Virginia 

§ 52.2520 Identification of plan. 

(a) Purpose and scope. This section 

sets forth the applicable State implementation plan for West Virginia under 

section 110 of the Clean Air Act, 42 

U.S.C. 7410, and 40 CFR part 51 to meet 

national ambient air quality standards. 

(b) Incorporation by reference. 

(1) Material listed as incorporated by 

reference in paragraphs (c) and (d) was 

approved for incorporation by reference by the Director of the Federal 

Register in accordance with 5 U.S.C. 

552(a) and 1 CFR part 51. Material incorporated as it exists on the date of 

the approval, and notice of any change 

in the material will be published in the 

FEDERAL REGISTER. Entries in paragraphs (c) and (d) of this section with 

EPA approval dates on or after November 1, 2010 will be incorporated by reference in the next update to the SIP 

compilation. 

(2) EPA Region III certifies that the 

rules/regulations and source-specific 

requirements provided by EPA at the 

addresses in paragraph (b)(3) of this 

section are an exact duplicate of the officially promulgated State rules/regulations and source-specific requirements which have been approved as 

part of the State implementation plan 

as of November 1, 2010. 

(3) Copies of the materials incorporated by reference may be inspected 

at the EPA Region III Office at 1650 

Arch Street, Philadelphia, PA 19103. 

For further information, call (215) 814– 

2108; the EPA, Air and Radiation Docket and Information Center, Room Number 3334, EPA West Building, 

1301Constitution Avenue, NW., Washington, DC 20460. For further information, call (202) 566–1742; or at the National Archives and Records Administration (NARA). For information on 

the availability of this material at 

NARA, call 202–741–6030, or go to: http:// 

www.archives.gov/federallregister/ 

codeloflfederallregulations/ 

ibrllocations.html. 

(c) EPA-Approved Regulations 

EPA-APPROVED REGULATIONS IN THE WEST VIRGINIA SIP 

State citation 

[Chapter 16–20 or 45 CSR] Title/subject 

State 

effective 

date EPA approval date 

Additional 

explanation/ 

citation at 40 CFR 

52.2565 

[45 CSR] Series 2 To Prevent and Control Particulate Air Pollution From Combustion of Fuel in Indirect Heat 

Exchangers 

Section 45–2–1 ..................... General ................................................ 8/31/00 8/11/03; 68 FR 

47473.

(c)(56). 

Section 45–2–2 ..................... Definitions ............................................ 8/31/00 8/11/03; 68 FR 

47473.

(c)(56). 

Section 45–2–3 ..................... Visible Emissions of Smoke And/Or 

Particulate Matter Prohibited And 

Standards of Measurement.

8/31/00 8/11/03; 68 FR 

47473.

(c)(56).